Okla. Stat. tit. 17, § 17-154 — OK Code / Title 17 / Section 17-154
Records of public utility business
Status: in_force

In case the owner or operator of any public utility is engaged

in carrying on any other business in connection with the operation

of such public utility, the Commission may require the cost of the

operation and gross revenues of such joint business to be kept in

such form and manner as may be prescribed by the Commission so that

the cost of the operation and gross revenues of the public utility

may be ascertained.
Okla. Stat. tit. 17, § 17-139.109.1 — OK Code / Title 17 / Section 17-139.109.1
Special Universal Services – Eligibility –
Status: in_force

Competitive bidding - Funding.

A. The following services are hereby declared to be Special

Universal Services:

1. Each eligible healthcare entity in this state as defined in

Section 139.102 of Title 17 of the Oklahoma Statutes shall be

eligible to receive Special Universal Services for telemedicine

providers. Special Universal Services for telemedicine providers

shall include the provision of bandwidth per standards as

recommended by the Federal Communications Commission sufficient for

providing telemedicine services including the telemedicine line,

reasonable installation and network termination equipment owned and

Oklahoma Statutes - Title 17. Corporation Commission Page 72

operated by the eligible provider that is necessary to provide the

eligible telemedicine service;

2. Each public school as defined in Section 139.102 of Title 17

of the Oklahoma Statutes shall be eligible to receive Special

Universal Services for schools. Special Universal Services for

schools shall include the E-rate Eligible Services List (ESL) for

Category One services as determined by the FCC for the applicable

funding year or, in the absence of such a list, as published by the

Universal Services Administrative Company. In the event no ESL is

available from the FCC or USAC for the applicable funding year,

eligible services will be those on the ESL for the last funding year

for which an ESL was available. Special Universal Services shall

include the provision of bandwidth sufficient for providing

educational services not to exceed, without good cause shown, the

standards established for the relevant funding year by the State

Educational Technology Directors Association (SETDA) or successor

educational broadband standard including Internet access lines, WAN

connections, reasonable installation, and network termination

equipment owned and operated by the eligible provider as defined by

the ESL that is necessary to provide the eligible service. Student

counts as reported to the State Department of Education in October

of the year prior to the relevant funding year shall be utilized for

the purpose of determining bandwidth recommendations established by

SETDA for purposes of this paragraph. In the absence of standards

prescribed for the applicable funding year, the standards for the

next prescribed funding year shall be used. Special Universal

Services shall not include voice services that use separate lines or

have allocated bandwidth. The Commission may modify the service

considered to be Special Universal Services pursuant to rule, after

notice and hearing; and

3. Each public library as defined in Section 139.102 of Title

17 of the Oklahoma Statutes shall be eligible to receive Special

Universal Services for libraries. Special Universal Services for

libraries shall include the E-rate Eligible Services List ("ESL")

for Category One services as determined by the Federal

Communications Commission for the applicable funding year or, in the

absence of such a list, as published by the Universal Services

Administrative Company. In the event no ESL is available from the

FCC or USAC for the applicable funding year, eligible services will

be those on the ESL for the last funding year for which an ESL was

available. Special Universal Services shall include the provision

of bandwidth sufficient for providing library services per standards

as recommended by the Federal Communications Commission including

Internet access lines, reasonable installation and network

termination equipment owned and operated by the eligible provider

that is necessary to provide the eligible service. Special

Universal Services shall not include voice services that use

Oklahoma Statutes - Title 17. Corporation Commission Page 73

separate lines or have allocated bandwidth. The Commission may

modify the services considered to be Special Universal Services

pursuant to rule, after notice and hearing.

B. 1. Eligible services that are exempt from competitive

bidding pursuant to state law or the rules of the Federal Universal

Service Support Mechanisms or successor program or programs shall be

exempt from the Special Universal Services competitive bidding

requirements set forth in this subsection, and the Oklahoma

Universal Service Fund Beneficiary must provide evidence of such

exemption as part of the funding request.

2. An OUSF Beneficiary may be eligible to receive funding from

both the OUSF and other state or federal funds; however, in no

instance shall there be a double recovery. The OUSF Beneficiary

shall make every reasonable effort to obtain funding from another

state and/or federal fund designed to support Special Universal

Services. The OUSF Beneficiary shall provide the OUSF Administrator

with information regarding the recipient's request for funding from

government sources designed to support the provisioning of Special

Universal Services, or an explanation of why such funding is not

available or why the recipient of the Special Universal Services did

not request such funding. Failure to provide such documentation may

result in the OUSF Administrator denying in whole or in part, a

request for Special Universal Services funding from the OUSF. If an

OUSF Beneficiary is not eligible to receive funding from other state

or federal funds per the program rules of the other state or federal

funds, the OUSF Beneficiary shall be exempt from the requirement to

obtain funding from another state and/or federal fund designed to

support Special Universal Services set forth in this subsection.

The OUSF Beneficiary must provide evidence of such exemption as part

of the funding request.

3. The credit amount for the provision of Special Universal

Services as provided for in subsection A of this section shall be

determined as provided for in this subsection.

4. An eligible provider shall be entitled to reimbursement from

the Oklahoma Universal Service Fund (OUSF) for providing Special

Universal Services as described in subsection A of this section. In

no case shall the reimbursement from the OUSF be made for an

Internet subscriber fee or charges incurred as a result of services

accessed via the Internet.

5. Oklahoma Universal Service Fund Beneficiaries shall conduct

a fair and open competitive bidding process to select the services

and carrier eligible for support. The competitive bidding process

shall meet the following standards:

a. the solicitation of bids shall clearly identify the

bandwidth range requested by the Oklahoma Universal

Service Fund Beneficiary or consortium,

Oklahoma Statutes - Title 17. Corporation Commission Page 74

b. the Oklahoma Universal Service Fund Beneficiary shall

not limit bidders based upon technology,

c. the bidding shall be open to all carriers authorized

to receive OUSF funding in the telephone exchange

where the Oklahoma Universal Service Fund Beneficiary

is located or where the members of the consortium are

located, and

d. the bidding shall not be structured in a manner to

exclude carriers eligible to receive OUSF funding in

the telephone exchange where the Oklahoma Universal

Services Fund Beneficiary is located.

6. For Special Universal Services that are competitively bid in

compliance with this act, the credit amount shall be not more than

twenty-five percent (25%) greater than the lowest cost reasonable

qualifying bid of the total prediscount amount of eligible services

plus installation charges, less federal funding support for the same

services including installation charges issued in a funding

commitment letter or similar approval document for the Federal

Universal Service Support Mechanism or successor program or programs

for the applicable funding year.

7. For purposes of this act, "lowest cost reasonable qualifying

bid" means a bid that:

a. represents the lowest total cost proposal including

monthly recurring and nonrecurring charges for

eligible services,

b. is reasonable to meet the needs of the Oklahoma

Universal Service Fund Beneficiary as listed in the

request for bids,

c. is submitted during the same competitive bidding

period as the awarded bid,

d. is for a bandwidth within the range requested for bid

and selected by the Oklahoma Universal Service Fund

Beneficiary,

e. is for the same contract term as the bid that was

selected by the Oklahoma Universal Service Fund

Beneficiary,

f. meets the requirements specified in the request for

bid by the Oklahoma Universal Service Fund

Beneficiary, and

g. was the result of a fair and open competitive bidding

process as defined in this act.

8. If a long-term contract includes change clauses for changes

in sites or services, the Oklahoma Universal Service Fund

Beneficiary shall not be required to conduct a new competitive bid

during the life of the original contract, which may not exceed five

(5) years.

Oklahoma Statutes - Title 17. Corporation Commission Page 75

9. For eligible services associated with an Oklahoma Universal

Service Fund Beneficiary that does not competitively bid in

compliance with this act, the credit amount shall be determined at

the discretion of the Administrator.

C. 1. Special Universal Services shall not be sold, resold or

transferred in consideration for money or any other thing of value.

2. The OUSF shall not fund more than one eligible provider for

the same service at the same location for the same time period,

except during a transition period from one eligible provider to

another. Funding during a transition period shall not exceed thirty

(30) days.

D. The Administrator shall have the authority to investigate

each request for OUSF funding for Special Universal Services in

order to ensure that the OUSF pays only for the Special Universal

Services authorized in this section. The Administrator shall deny

requests for OUSF funding in excess of the credit amounts authorized

in subsection B of this section unless good cause is shown.

E. The Corporation Commission shall have authority to

investigate and modify or reject in whole or part a Special

Universal Service request under subsection A of this section if the

request does not meet the specified criteria, if the Corporation

Commission's investigation determines that the entity has not

provided sufficient documentation for the requested services, or if

the Corporation Commission determines that granting the request is

not in the public interest due to fraud.

F. 1. The Special Universal Services preapproval and

reimbursement procedures as set forth in this subsection shall be

effective and shall apply for each applicable funding year beginning

July 1, 2017.

2. The Oklahoma Universal Service Fund Beneficiary

administrative preapproval submission process shall be as follows:

a. the Administrator shall establish an administrative

approval process to be initiated by the Oklahoma

Universal Service Fund Beneficiary in a timely fashion

for the purpose of determining eligible services and

credit amounts for the upcoming funding year. The

administrative preapproval submission process shall

include all necessary forms and instructions,

hereinafter referred to as the "OUSF administrative

preapproval request". The Administrator shall

determine the form for the OUSF administrative

preapproval requests. The form shall be posted on the

Commission website no later than June 30 of each year

to become effective for any OUSF administrative

preapproval requests submitted after August 31 of that

year. Any party may file an objection to the form

with the Commission within fifteen (15) days of

Oklahoma Statutes - Title 17. Corporation Commission Page 76

posting. The Commission shall issue a final order on

the objection to the form within thirty (30) days,

b. the Administrator shall issue an approval funding

letter to the Oklahoma Universal Service Fund

Beneficiary and the eligible provider within ninety

(90) days of receipt of a properly completed OUSF

administrative preapproval request. Failure by the

Administrator to issue an approval funding letter

within the ninety-day period means the OUSF

administrative preapproval request submitted by the

Oklahoma Universal Service Fund Beneficiary is

approved as submitted and the subsequent request for

reimbursement submitted by the eligible provider which

is consistent with the information submitted in the

OUSF administrative preapproval request shall be

approved as submitted,

c. the approval funding letter shall inform the Oklahoma

Universal Service Fund Beneficiary of the preapproved

services and associated credit amount for the

applicable funding year. The amount of OUSF funding

preapproved under this subsection may be subject to

adjustments based on the amount of support received

from other sources, if any, and adjustments to pricing

that may occur between the time of preapproval and

installation of service,

d. any OUSF administrative preapproval request shall be

submitted to the Administrator in the format outlined

in instructions posted on the Commission website. The

OUSF administrative preapproval request shall include

but not be limited to the following:

(1) a Special Universal Services request form as

posted on the Commission website no later than

June 30 of each year for requests made after

August 31 of that year,

(2) a Federal Universal Service Support Mechanism or

successor program or programs form used to

request federal funding support for the

applicable funding year,

(3) a federal funding commitment letter for the

applicable funding year, if issued, and

(4) competitive bidding documentation for the

relevant funding year,

e. issuance of an OUSF approval funding letter by the

Administrator shall occur without a Commission order,

f. OUSF administrative preapproval requests not submitted

by June 30 prior to the applicable funding year shall

Oklahoma Statutes - Title 17. Corporation Commission Page 77

be processed by the Administrator on a first-in-first-

out basis, and

g. after a preapproval funding letter has been issued, an

OUSF Beneficiary may submit a new administrative

preapproval request to provide corrections or

additional information per program rules issued by the

Commission.

3. The eligible provider reimbursement process shall be as

follows:

a. requests for reimbursement shall be submitted per

procedures as set forth in subsection D of Section

139.106 of Title 17 of the Oklahoma Statutes,

b. the Administrator shall post the monthly payout report

to the Commission website,

c. funding for eligible services, including federal

funding, shall not exceed actual eligible expenses,

d. any change in cost of eligible services during the

funding year shall be reported by the eligible

provider to the OUSF and:

(1) all decreases in cost shall be deemed approved

until the next eligible bidding period and all

cost savings shall be properly allocated to the

OUSF and the Oklahoma Universal Service Fund

Beneficiary, and

(2) increases in cost shall be reviewed for approval

as provided for in Commission rules, and

e. issuance of a determination by the Administrator shall

not require a Commission order.
Okla. Stat. tit. 17, § 17-159.22 — OK Code / Title 17 / Section 17-159.22
Exceptions
Status: in_force

The provisions of this act shall not be applicable to rural

water districts created under the provisions of Section 1 et seq.,

Chapter 266, O.S.L.1963 (82 O.S.Supp.1968, Sections 1301 et seq.)

and as thereafter amended; regional water distribution districts

created pursuant to 82 O.S., Secs. 1261, et seq.; port authorities;

all water conservancy districts; irrigation districts organized for

the purpose of transporting water for agricultural purposes;

municipal corporations; trusts of which governmental units or

subdivisions are beneficiaries; private individuals or corporations

operating water transportation lines to carry water for their own

use and not for sale to the public; or federal or state agencies

involved in water transportation projects.
Okla. Stat. tit. 17, § 17-710.4 — OK Code / Title 17 / Section 17-710.4
Electric utilities – Customer information
Status: in_force

A. An electric utility shall provide customers with reasonable

access to and shall maintain the confidentiality of customer

information as provided for in Sections 5 through 8 of this act.

B. Electric utilities may utilize customer-identifiable usage

data for their internal regulated business purposes which may

include, but are not limited to, the:

1. Provision of services in an effective and efficient manner;

2. Collection of charges and other fees from customers for

services provided;

3. Planning, operation, maintenance, repair or optimization of

the electric utility infrastructure; and

4. Subject to approval by the Commission, or in the case of a

self-regulated cooperative subject to approval of its board of

trustees, development, enhancement, marketing, provision of energy-

related products and services or promotion of public policy

objectives.

C. The use of customer-identifiable usage data under the

provisions of subsection B of this section shall not require

customer consent.
Okla. Stat. tit. 17, § 17-820 — OK Code / Title 17 / Section 17-820
Short title – Commercial Solar Facility Decommissioning
Status: in_force

Act.

This act shall be known and may be cited as the "Commercial

Solar Facility Decommissioning Act".
Okla. Stat. tit. 17, § 17-200 — OK Code / Title 17 / Section 17-200
Legislative intent - Competition
Status: in_force

It is the intent of the Legislature that competition be allowed

in all areas of radio common carrier communications.
Okla. Stat. tit. 17, § 17-43 — OK Code / Title 17 / Section 17-43
Matters considered in issuing license - Existing gins -
Status: in_force

Showing to obtain license - Cooperative gins - Inspectors.

The Corporation Commission in issuing such license shall have

the right to take into consideration the necessity for the operation

of a gin for such purpose at the place of its location; provided

nothing herein shall operate to prevent the licensing of gins now

established, except for violation of the provisions of this act or

of the rules, regulations, and requirements of the Corporation

Commission made and promulgated pursuant to this act. No new gin

plants shall be constructed, installed, or licensed, or any old gin

removed from one point to another until satisfactory showing shall

have been made to the Corporation Commission setting forth that such

gin is a needed utility and that the proposed corporation, company,

firm or individual is a competent and desirable corporation,

company, firm or individual to establish and operate said gin as may

appear in the discretion of said commission; provided, that on the

presentation of a petition for the establishment of a gin to be run

cooperatively, signed by one hundred (100) citizens and tax payers

of the community where the gin is to be located, the Corporation

Commission shall issue a license for said gin. The commission shall

have the right to take into consideration the responsibility and

reliability and qualifications as well as the capacity of the person

or persons or corporation to do such ginning business so far as to

afford all reasonable facilities, conveniences and services to the

public and shall have the power and authority to require such

facilities, conveniences and services to be afforded the public. The

inspectors provided herein shall be men who have served at least

three (3) years in practical and actual gin operation and shall be

appointed by the Corporation Commission; that said inspectors shall

have the power to make recommendations to the commission as to the

opening or closing of any gin or gins as well as to the affording by

such gins of the reasonable facilities, conveniences and services to

the public hereinbefore authorized to be required, as well as to

make such other reports and recommendations to the Corporation

Commission as may to said inspectors appear necessary, reasonable

and just.
Okla. Stat. tit. 17, § 17-160.23 — OK Code / Title 17 / Section 17-160.23
Light-mitigating technology system requirement for wind
Status: in_force

energy facilities.

A. As used in this section:

1. “Light-mitigating technology system” means aircraft

detection lighting or any other comparable system capable of

reducing the impact of facility obstruction lighting while

maintaining conspicuity sufficient to assist aircraft in identifying

and avoiding collision with a wind energy facility;

2. “Wind energy facility” means an electrical generation

facility consisting of one or more wind turbines under common

ownership or operating control, and includes substations,

meteorological data towers, aboveground and underground electrical

transmission lines, transformers, control systems, and other

buildings or facilities used to support the operation of the

facility, and whose primary purpose is to supply electricity to an

off-site customer or customers. Wind energy facility shall not

include a wind energy facility located entirely on property held in

fee simple absolute estate by the owner of the wind energy facility;

3. “Repowering” means a rebuild or refurbishment of a majority

of the wind energy facility due to the facility reaching the end of

its useful life or useful reasonable economic life. The rebuild or

refurbishment does not constitute repowering if it is part of

routine major maintenance or the maintenance of or replacement of

equipment that does not materially affect the expected physical or

economic life of the facility; and

4. “Power offtake agreement” means a long-term contract that

provides for the provision of the whole or any part of the available

capacity or the sale or other disposal of the whole or any part of

the output of a wind energy facility. Sales of capacity or energy

into a capacity or power market do not constitute a power offtake

agreement.

B. On and after January 1, 2026, no new wind energy facility

may commence operations in this state unless the developer, owner,

Oklahoma Statutes - Title 17. Corporation Commission Page 138

or operator of the facility applies to the Federal Aviation

Administration (FAA) for installation of a light-mitigating

technology system that complies with FAA regulations provided in 14

C.F.R., Section 1.1 et seq. and to the Federal Communications

Commission (FCC) regarding frequency licensing and antenna structure

registration, as applicable, as provided in 47 C.F.R., Sections

90.101 and 17.4. If approved by the FAA and the FCC, the developer,

owner, or operator of such facility shall install the light-

mitigating technology system on the facility within twenty-four (24)

months after receipt of approval.

C. 1. Any developer, owner, or operator of a wind energy

facility that commences commercial operations in this state on or

before the effective date of this act without a light-mitigating

technology system shall apply to the FAA for installation of the

system in compliance with FAA regulations provided in 14 C.F.R.,

Section 1.1 et seq. and to the FCC regarding frequency licensing and

antenna structure registration, as applicable, as provided in 47

C.F.R., Sections 90.101 and 17.4 upon the occurrence of either:

a. the repowering of the wind energy facility, or

b. entrance into or renewal of a new power offtake

agreement.

2. Upon approval of the application submitted to the FAA and

the FCC in compliance with paragraph 1 of this subsection, the

developer, owner, or operator of such facility shall install the

light-mitigating technology system on the facility within twenty-

four (24) months after receipt of approval.

D. Any county may issue revenue bonds for the purpose of paying

all or part of the costs of the purchase, acquisition, and equipping

of a light-mitigating technology system, subject to the approval of

the FAA and FCC, for a wind energy facility that has commenced

operations without a light-mitigating technology system prior to the

effective date of this act.

E. Any costs associated with the installation, implementation,

operation, and maintenance of a light-mitigating technology system

shall be the responsibility of the developer, owner, or operator of

the wind energy facility. For public utilities subject to rate

regulation by the Corporation Commission, costs incurred directly by

the public utility in compliance with this act may seek recovery

subject to review and order of the Corporation Commission.

F. Wind energy facilities shall maintain operations of

installed light-mitigating technology systems in accordance with

Corporation Commission rule.

G. The Corporation Commission shall have the authority to

enforce the provisions of this section and may promulgate rules to

effectuate the provisions of this section.
Okla. Stat. tit. 17, § 17-327.3 — OK Code / Title 17 / Section 17-327.3
Reimbursement for allowable costs from an eligible
Status: in_force

release.

A. The Oklahoma Petroleum Storage Tank Indemnity Program shall

provide reimbursement to eligible persons for allowable costs

resulting from an eligible release pursuant to the provisions of

this section.

B. 1. The Oklahoma Petroleum Storage Tank Indemnity Fund:

a. may require that any corrective action taken as a

result of an eligible release, other than corrective

action taken in an emergency situation, may be made by

the competitive bid of at least two bidders.

Acquisition or contracts or subcontracts for

corrective action or for labor or equipment comprising

a single task or scope of work which exceeds Two

Thousand Five Hundred Dollars ($2,500.00) from any one

vendor or subcontractor for any one site shall be

awarded to the lowest and best bidder,

b. shall require that an eligible person or a property

owner whose off-site property has been contaminated by

a release shall not retain an environmental consultant

to conduct the remediation of the release in which the

eligible person, property owner or impacted party has

more than a ten-percent interest ownership, is an

employee, or is an officer of the environmental

consultant, and

c. may require the owner or operator to submit

documentation evidencing proof of such competitive

bidding.

2. Any competitive bid submitted pursuant to this section shall

be accompanied by the sworn noncollusion statement contained in

Section 85.22 of Title 74 of the Oklahoma Statutes, modified in

wording as appropriate. In the event bids are not obtained pursuant

to this subsection, expenditures made without bids shall only be

reimbursed by the amount determined to be the reasonable value of

the equipment purchased or the task or scope of work performed.

3. Professional engineering, geological, land surveying and

other professional services or services provided by a Commission-

licensed storage tank environmental consultant required for

investigation and the preparation of corrective action plans or

proposed corrective action plans and oversight of corrective action

shall be selected based upon professional qualifications and

technical experience of the consultant at a fair and reasonable fee

as negotiated between the eligible person and his or her

environmental consultant.

Oklahoma Statutes - Title 17. Corporation Commission Page 247

C. The eligible person responsible for taking the corrective

action shall keep and preserve suitable records of hydrological and

other site investigations and assessments, site rehabilitation

plans, contracts and contract negotiations, and accounts, invoices,

sales tickets, or other payment records from purchases, sales,

leases, or other transactions or claims involving costs actually

incurred related to such corrective action or injury or damage.

Such records shall be made available upon request to agents and

employees of the Oklahoma Petroleum Storage Tank Indemnity Fund

during regular business hours, and at other times upon written

request. In addition, the employees, agents and representatives of

the Oklahoma Petroleum Storage Tank Indemnity Fund may from time to

time request submission of such site-specific information as it may

require. All records of costs actually incurred shall be certified

by affidavit to the Oklahoma Petroleum Storage Tank Indemnity Fund

as being true and correct.

D. 1. a. The Administrator shall deny or approve and pay, in

whole or in part, the application for reimbursement on

behalf of or to eligible persons and shall complete

initial reimbursement within ninety (90) days after

receipt of the complete application including but not

limited to all requisite supporting documents, unless

the time for review is extended by the Administrator

giving the applicant written notice of intent to

extend no later than eighty (80) days from the date of

receipt of the application. The total review period

shall not be extended beyond one hundred twenty (120)

days from the date of receipt of the complete

application including but not limited to all requisite

supporting documents, unless otherwise extended by

written mutual agreement of the applicant and the

Administrator.

b. The Administrator, within thirty (30) days of receipt

of the complete application including but not limited

to all requisite supporting documents, shall determine

whether such person is eligible for reimbursement and

shall notify such applicant as to his or her

eligibility in writing.

c. An application deemed to be incomplete shall not

trigger the time allowed for review.

2. Disposition of an application shall be provided to the

applicant in writing, accompanied by a written explanation setting

forth in detail the reason or reasons for the approval or denial of

a claim, in whole or in part. If the Administrator fails to make a

determination on an application or payment within the time provided

or denies an application, or if a dispute otherwise arises with

Oklahoma Statutes - Title 17. Corporation Commission Page 248

regard to reimbursement, the applicant may seek appropriate legal

remedies.

3. For claims submitted subsequent to submittal of the

application, the Administrator shall have thirty (30) days from the

date of receipt of the supplemental claim in which to approve or

deny the supplemental claim. If a supplemental claim is made

subsequent to the date of the application but prior to the

completion of the review of the application, the thirty-day review

period shall not commence until the Oklahoma Petroleum Storage Tank

Indemnity Fund has completed its review of the application. This

time for review may be extended by the Administrator giving the

applicant written notice of intent to extend no later than twenty

(20) days from the date of receipt of the claim.

4. For eligible releases requiring extensive corrective action,

the Administrator is authorized to make an initial payment and

periodic supplemental payments for reimbursements to eligible

persons for ongoing reimbursable costs actually incurred. An

eligible person intending to file for supplemental payments for

reimbursement shall submit work plans for implementation of the

corrective action plan approved by the Commission's regulatory

program pursuant to the Oklahoma Petroleum Storage Tank

Consolidation Act, or for other work which is proposed to be

performed. Such work plans shall include, but not be limited to,

the work to be completed, schedule of actions to be taken and

estimates of costs to be reimbursed. Such information may be

submitted with the application for reimbursement or whenever

appropriate. Such work plans shall be submitted for informational

purposes only. After approval of the application, the Administrator

shall have thirty (30) days from the date of receipt of a claim for

supplemental payment in which to approve and pay or deny the

supplemental claim. The thirty-day time for review may be extended

by the Administrator for an additional thirty (30) days upon giving

the applicant written notice of such intent to extend no later than

twenty (20) days from the date of receipt of the claim. If the

claim for payment is included with the application for

reimbursement, paragraph 1 of this subsection shall control.

E. 1. For reimbursement to any person the following conditions

apply:

a. the person claiming reimbursement must be an eligible

person,

b. the eligible person must have been in substantial

compliance with the applicable rules promulgated

pursuant to the provisions of the Oklahoma Petroleum

Storage Tank Indemnity Fund and the Oklahoma Storage

Tank Consolidation Act at the time of the reporting of

the release,

Oklahoma Statutes - Title 17. Corporation Commission Page 249

c. allowable costs resulting from a release must have

been incurred on or after December 23, 1988,

d. the Commission determined that the release no longer

poses a threat to the public health and welfare or the

environment,

e. the Commission was given adequate notice by such owner

or operator of the release pursuant to Section 309 of

Title 17 of the Oklahoma Statutes, and

f. such owner or operator, to the extent possible, fully

cooperated with the Commission in responding to the

release.

A person seeking reimbursement who has not been in substantial

compliance with the applicable rules as required in subparagraph b

of this paragraph or who failed to give adequate notice as required

in subparagraph e of this paragraph will remain ineligible until all

corrective action ordered by the Commission has been accomplished

and all fines paid. Payment of fines and documentation of

corrective action shall be shown by a certification signed by the

Director of the Petroleum Storage Tank Division. The certificate

must state that all fines resulting from noncompliance have been

paid and any required corrective action has been completed and no

additional enforcement actions are required.

2. For reimbursement to any person, the following conditions

apply:

a. the person claiming reimbursement must be an eligible

person,

b. the person, to the extent possible, has fully

cooperated with the Commission, and

c. allowable costs for any corrective action must have

been incurred on or after December 23, 1988.

F. Except as otherwise provided by the Oklahoma Petroleum

Storage Tank Indemnity Fund, a reimbursement shall not be made to

any eligible person who has received or is eligible for payment or

reimbursement from any other state or federal agency or other third-

party payor for the corrective action taken or the damages or the

injuries associated with a release. If a state or federal agency or

other third-party payor does not fully compensate the eligible

person, then the eligible person may seek compensation for the

uncompensated amount from the Indemnity Fund.

G. 1. An eligible person shall be reimbursed from the

Indemnity Fund for allowable costs in excess of the copayment of one

percent (1%) of the reimbursable costs for the corrective action.

Copayments shall not exceed a maximum of Five Thousand Dollars

($5,000.00). The Indemnity Fund shall charge the eligible person

directly for an initial one-thousand-dollar copayment and thereafter

in one-thousand-dollar increments as warranted by the progressive

total case costs. When the total case cost is finalized, the

Oklahoma Statutes - Title 17. Corporation Commission Page 250

Petroleum Storage Tank Indemnity Fund shall reimburse the eligible

person any overpayment of the one-percent copayment. For releases

that occurred prior to June 4, 2004, eligible persons shall pay the

five-thousand-dollar deductible as a copayment which may be paid in

installments.

2. An impacted party whose on-site or off-site property has

been contaminated by a release who elects the procedure authorized

by this subsection shall not be required to remit copayments in

order to receive reimbursement from the Petroleum Storage Tank

Indemnity Fund. The impacted party or adjacent owner submits to the

jurisdiction of the Commission by applying for Indemnity Fund

reimbursement.

3. Reimbursements shall not exceed Two Million Five Hundred

Thousand Dollars ($2,500,000.00) per occurrence, and:

a. Four Million Dollars ($4,000,000.00) annual aggregate

for owners of one to one hundred storage tank systems,

or

b. Five Million Dollars ($5,000,000.00) annual aggregate

for owners of more than one hundred storage tank

systems.

The reimbursement limits in this paragraph shall not include funds

expended on city, county, state or political subdivision property

where the city, county, state or political subdivision is an

impacted party or adjacent property owner.

4. Reimbursement shall not be made from the Petroleum Storage

Tank Indemnity Fund pursuant to this section until the Administrator

has determined that the costs for which reimbursement is requested

were actually incurred and were reasonable.

H. The Petroleum Storage Tank Indemnity Fund shall cover

corrective action taken and other actual physical damage caused by

an eligible release. The Petroleum Storage Tank Indemnity Fund

shall also cover any medical injuries incurred as a result of the

eligible release to persons other than employees of the eligible

person of the storage tank system or their agents and independent

contractors retained to perform any such corrective action. The

Petroleum Storage Tank Indemnity Fund shall not be used to:

1. Recover payments for loss of time;

2. Recover payment of costs which may be associated with but

are not integral to corrective action such as the cost of

renovating, removing or disposing of storage tanks unless the

removing of any petroleum storage tanks, concrete, concrete

accessories, lines, dispensers or other site improvements is

necessary as required by a corrective action plan approved by the

Commission's regulatory program;

3. Pay for punitive damages from any civil action resulting

from the eligible release;

Oklahoma Statutes - Title 17. Corporation Commission Page 251

4. Recover costs for loss of business and taking of property

associated with the corrective action; or

5. Pay legal expenses.

I. The right to apply for reimbursement and the receipt of

reimbursement does not limit the liability of an owner or operator

for damages, injuries or the costs incurred as a result of an

eligible release.

J. The right to file the initial application, supplemental

claims, and resubmittals for reimbursement and the right to certify

that costs are true, correct and actually incurred shall not be

assigned to a person rendering services for corrective action on the

subject site.

K. Any person who prevails in an action brought pursuant to the

Oklahoma Petroleum Storage Tank Indemnity Fund to recover disallowed

claims upon an application, supplemental claim or resubmittal

requesting reimbursement shall be entitled to recover interest, the

costs of the action and attorney fees. Costs of the action shall

include filing fees, administrative costs, witness fees and expenses

related to the proceeding.

L. 1. In any case that has been determined to be eligible for

reimbursement from the Petroleum Storage Tank Indemnity Fund, a

property owner whose property has been contaminated by an eligible

release may remediate his or her own property and make direct

application to and receive reimbursement from the Petroleum Storage

Tank Indemnity Fund for any of the following:

a. the costs of investigation,

b. participation in the determination of activities to be

conducted upon the site,

c. corrective action, and

d. remediation of his or her property.

2. Reimbursement shall be subject to the same requirements as

requests for reimbursement made by the eligible person on such sites

and shall be handled in the same manner as other sites which have

adjacent release or overlapping or commingled plumes. The amount

reimbursed to the property owner and eligible person shall not

exceed the statutory limits of subsection G of this section.

M. In the event the Petroleum Storage Tank Indemnity Fund fails

to reimburse a claim as provided by this section, any person who

prevails in an action brought pursuant to the Oklahoma Petroleum

Storage Tank Release Indemnity Program to recover claims disallowed

by an administrative action of the Oklahoma Petroleum Storage Tank

Indemnity Fund upon an application, supplemental claim or

resubmittal requesting reimbursement shall be entitled to receive

interest upon such claim at the rate provided for in subsection I of

Section 727 of Title 12 of the Oklahoma Statutes.

N. 1. Claims for reimbursement pursuant to the Petroleum

Storage Tank Indemnity Fund must be made within two (2) years of

Oklahoma Statutes - Title 17. Corporation Commission Page 252

June 9, 1998, or two (2) years after site closure, whichever is

later.

2. Eligible persons should be encouraged to submit claims for

reimbursement as the costs are incurred and in the order they are

incurred. However, the right to submit a claim or the time during

which to submit a claim for reimbursement shall not be limited or

restricted except as provided in this subsection.

3. All claims, including but not limited to resubmitted claims,

shall be evaluated by the Petroleum Storage Tank Indemnity Fund

under the system of evaluation employed by the Indemnity Fund at the

time the costs were incurred.

O. 1. The Petroleum Storage Tank Indemnity Fund is authorized

to enter into contracts for site remediation or corrective action

which may be performance-based. Parties to such contracts shall be

the eligible person, the off-site owner, the impacted party, the

licensed environmental consultant and the Petroleum Storage Tank

Indemnity Fund which may guarantee the remediation or corrective

action. Each party must execute the contract before it is

effective. Costs of equipment used in the performance-based

contract may be reimbursed separate and apart from the performance-

based contract as determined by the Administrator.

2. If:

a. an owner or operator is not available and a storage

tank system has made a release into the environment,

or

b. where there is a suspicion of a release onto any

property where tanks are located and/or onto property

proximate thereto, or where tanks are located and a

site assessment is necessary to confirm a release or

perform tank closure, and

c. such property is located within the limits of the

town, city or political subdivision,

the town, city or political subdivision may obtain assignments from

property owners in order to assume the rights of an eligible party

for the purpose of reimbursement of the costs associated with the

assessment, investigation and remediation of any site.

3. The Administrator of the Petroleum Storage Tank Indemnity

Fund may also designate a town, city or political subdivision to be

an eligible party for the purpose of reimbursement of the costs

associated with the assessment, investigation and remediation of any

site.

4. If the town, city or political subdivision has title to the

property or is the recipient of proceeds from a sale or auction of

the property, the town or city shall reimburse the Petroleum Storage

Tank Indemnity Fund for any required copayment within three (3)

years from the closure of the case.

Oklahoma Statutes - Title 17. Corporation Commission Page 253

5. Terms of pay-for-performance contracts shall include, but

not be limited to, the total amount to be paid for completion of the

remediation or corrective action provided for by the contract and

the length of time necessary to implement and complete the

remediation or corrective action. Performance payments under pay-

for-performance contracts shall be based upon the actual reduction

of contamination upon the site being remediated. For those sites

upon which it is estimated that remediation will take more than six

(6) months and will require the installation and operation of a

mechanical remediation system, payments under such contracts for the

remediation to be accomplished by such system shall be as follows:

a. twenty percent (20%) of the total contract price for

the first twenty-five-percent reduction in

contamination to be accomplished by such system,

b. an additional twenty percent (20%) of the total

contract price, for a total of forty percent (40%) for

the next twenty-five percent (25%), for a total fifty-

percent reduction in contamination to be accomplished

by such system,

c. an additional twenty percent (20%) of the total

contract price, for a total of sixty percent (60%) for

the next first twenty-five percent (25%), for a total

seventy-five-percent reduction in contamination to be

accomplished by such system,

d. an additional twenty percent (20%) of the total

contract price, for a total of eighty percent (80%)

for the next first twenty-five percent (25%), for a

total one-hundred-percent reduction in contamination

to be accomplished by such system, and

e. with a final payment of the remaining twenty percent

(20%) of the contract price to be paid after the site

remains clean for six (6) months.

6. Any environmental consultant or company who fails to

complete corrective action or remediation as provided in a pay-for-

performance contract, or who has failed or fails, before requesting

and receiving the first payment under a pay-for-performance

contract, to install equipment upon a site which was proposed or

which was to be installed whenever possible, or who in any other

manner materially breaches a pay-for-performance contract shall be

prohibited from entering into another pay-for-performance contract

or purchase order with the Indemnity Fund for a period of three (3)

years and shall forfeit any rights to or interest in the equipment

to the Indemnity Fund if the equipment was:

a. paid in advance by the Indemnity Fund, and

b. allocated for a pay-for-performance site.

P. The Oklahoma Petroleum Storage Tank Indemnity Fund is

authorized to enter into purchase orders for the performance of

Oklahoma Statutes - Title 17. Corporation Commission Page 254

corrective action or various tasks or scopes of work to be performed

upon a site as is prudent. Each purchase order shall establish an

amount to be paid for the completion of a particular corrective

action, task or scope of work. Such purchase orders shall be

entered into between the Petroleum Storage Tank Indemnity Fund and

the eligible person or his or her environmental consultant. The

Indemnity Fund and the eligible person or his or her consultant

shall conduct negotiations in good faith. Rules promulgated to

implement this subsection shall not place any restrictions upon the

negotiation process by limiting the number of revisions which may be

submitted or restricting the time period during which they may be

submitted.

Q. In evaluating and determining the amount of reimbursement to

be paid upon a claim, the Indemnity Fund shall consider the

reasonable cost of the task or scope of work that was reasonable and

completed and shall be based upon standard billing rates and

practices for environmental services as normally billed by such

professionals, contractors or other service providers. If the

overall total cost of performing a particular task or scope of work

is reasonable, the Indemnity Fund shall fully reimburse the total

cost of the particular task or scope of work performed.

R. 1. When a claim submitted for first reimbursement

consideration is disallowed in whole or in part by the Administrator

of the Petroleum Storage Tank Indemnity Fund, an applicant shall

have ninety (90) days to resubmit the disallowed claim for

reconsideration. Unless otherwise authorized by the Administrator

of the Petroleum Storage Tank Indemnity Fund, resubmittal of a claim

that has been disallowed in whole or in part shall only be allowed

one time.

2. Except as otherwise provided by this paragraph, if the

disallowed claim is not resubmitted within ninety (90) days from the

date of the disallowance, the claim shall no longer be eligible for

reimbursement from the Petroleum Storage Tank Indemnity Fund. An

action by the applicant disputing a disallowed claim shall be

commenced within one (1) year of the date of the last disallowance

and shall be brought for an administrative hearing before the

Commission.

3. Any applicant that, prior to November 1, 2004, has incurred

a disallowance of a claim in whole or in part and has not

resubmitted the disallowed claim for further consideration has until

February 28, 2005, to resubmit the disallowed claim for such

consideration. After February 28, 2005, the claim shall be deemed

denied and shall no longer be eligible for reconsideration or

reimbursement from the Petroleum Storage Tank Indemnity Fund.

4. The Director of the Petroleum Storage Tank Division may

consider hardship exceptions such as, but not limited to, active

military duty, to the time limits contained in this subsection.

Oklahoma Statutes - Title 17. Corporation Commission Page 255
Okla. Stat. tit. 17, § 17-158.66 — OK Code / Title 17 / Section 17-158.66
Facilitating Internet Broadband Rural Expansion (FIBRE)
Status: in_force

Act – Pole attachment rates.

A. As used in subsection B of this section, the term "attaching

entity" shall include the electric attachments of rural electric

cooperatives and their subsidiaries.

B. Except as otherwise provided in this section, when a rural

electric cooperative and a communications services provider cannot

agree to a voluntary negotiated pole attachment rate, the maximum

pole attachment rate shall be governed by the following formula:

Oklahoma Statutes - Title 17. Corporation Commission Page 113

Maximum Per Pole Rate = Space Factor x Net Cost of Bare Pole x

Carrying Charge Rate

Space Factor = (Occupied Space + ((2/3 x Unusable Space)/No. of

Attaching Entities)) ÷ Pole Height

Net Pole Investment = Gross Pole Investment (Account 364) -

Accumulated Depreciation (Poles) – Accumulated Deferred Taxes

Carrying Charges = A rural electric cooperative's Administrative

+ Maintenance charges + Depreciation + Taxes + Return

Administrative = Total Admin and General Expense ÷ Net Plant

Maintenance = Account 593 Expense ÷ Net Pole Investment

Depreciation = Gross Pole Investment ÷ Net Pole Investment x

Depreciation Rate

Taxes = Account 408.1 (Gross Receipts Tax) ÷ Net Plant

Return = 8%

Unusable Space = 25.0 ft

Occupied Space = 1 ft

Presumptive Default Values

No. of Attachers = Actual number of attaching entities to poles

that have third-party attachments

Pole Height = 37.5 ft or higher based on the actual average pole

height

Net Cost of Bare Pole = 85% of Net Pole Investment ÷ Total

Number of Poles

This subsection shall not apply to any pole attachments

authorized under currently existing and valid pole attachment

license agreements entered into prior to the effective date of this

act. The determination of a maximum attachment rate does not remove

the requirement of a communications services provider to have a pole

attachment agreement with the owner of the poles prior to attaching,

and this subsection shall not apply to any unauthorized pole

attachments.

C. Notwithstanding the maximum pole attachment rate determined

in subsection B of this section, beginning on the effective date of

this act and for four (4) years thereafter, the rates charged by a

rural electric cooperative for new attachments to cooperative-owned

electric poles by providers of telecommunications, broadband, video,

Internet services, or any cooperative affiliate entity or subsidiary

company, under existing pole attachment license agreements or such

agreements entered into on or after the effective date of this act,

shall not exceed One Dollar ($1.00) per cooperative-owned electric

pole per year ("One Dollar Deal"), contingent upon the following:

1. A retail broadband provider shall not have an existing

attachment on the specific electric pole;

2. New attachments subject to the One Dollar Deal shall be used

to serve customers located within the applicable cooperative's

certified territory established under the Retail Electric Supplier

Oklahoma Statutes - Title 17. Corporation Commission Page 114

Certified Territory Act and are in an unserved area as defined by

the Oklahoma Broadband Service Map;

3. One Dollar Deal attachments shall be capable of providing

wire-line broadband service at speeds of one hundred (100) megabits

per second download and twenty (20) megabits per second upload. The

broadband service speeds listed in this paragraph shall be subject

to change or update when, or if, the Federal Communications

Commission makes new rulings related to its definition of broadband

and when that new definition exceeds a speed of one hundred (100)

megabits per second download and twenty (20) megabits per second

upload; and

4. Within sixty (60) days of the end of each calendar year,

applicable attaching providers shall submit written reports and

information to the appropriate rural electric cooperative evidencing

compliance with all One Dollar Deal attachment requirements. The

evidence of compliance shall include the customers served, customers

passed, service level offered, and specific qualifying poles

attached to that qualify for the One Dollar Deal. The intentional

submission of any incomplete or any false information pursuant to

this section shall result in an administrative penalty of One

Hundred Dollars ($100.00) a day for the first thirty (30) days, Five

Hundred Dollars ($500.00) a day for the next thirty (30) days, and

One Thousand Dollars ($1,000.00) every day thereafter until accurate

data is presented.

D. The rates provided in this section shall not include any

applicable charges for electric service. A communications services

provider must pay separately for electric service and such service

shall be charged to providers at the applicable retail market rate.

E. The monetary cap provided under subsection B of this section

and the One Dollar Deal provided under subsection C of this section

shall not eliminate the requirement of communications services

providers to contract with the rural electric cooperatives on terms

and conditions of attachments under pole attachment license

agreements.

F. This section shall not apply to any communications services

provider that maintains unauthorized pole attachments on cooperative

poles or fails to remedy any noncompliant pole attachments per the

cooperative's direction.

G. Rural electric cooperatives shall be required to submit

presumptive default values to retail broadband providers regarding

pole attachments and shall provide the requested data within sixty

(60) days upon the execution of a signed letter of intent and

nondisclosure agreement. The intentional submission of any

incomplete or any false data pursuant to this section shall result

in an administrative penalty of One Hundred Dollars ($100.00) a day

for the first thirty (30) days, Five Hundred Dollars ($500.00) a day

Oklahoma Statutes - Title 17. Corporation Commission Page 115

for the next thirty (30) days, and One Thousand Dollars ($1,000.00)

every day thereafter until accurate data is presented.

H. The Oklahoma district court system shall be vested with

authority to enforce the provisions of this section and to settle

disputes which may arise regarding pole attachments relative to

electric cooperative facilities. The electric cooperative's

business information used to calculate the formula found in

subsection B of this section is sensitive and proprietary in nature

and is hereby declared proprietary business information which is to

be treated in a confidential manner by all parties to any legal

action brought under this section, and such information shall be

made subject to a confidentiality order as shall be prescribed by a

court. To the extent such information is filed with a court, it

shall be filed under seal, made available only to parties to the

action under confidentiality orders, and shall not be made public.

The court may seek information including, but not limited to:

1. Records that correlate to the following Federal Energy

Regulatory Commission and United States Department of Agriculture

Rural Utility Service Account Codes:

a. 108 – Accumulated Provision for Depreciation of

Electric Utility Plant,

b. 190 – Accumulated Deferred Income Taxes,

c. 281 – Accumulated Deferred Income Taxes – Accelerated

Amortization Property,

d. 282 – Accumulated Deferred Income Taxes – Other

Property,

e. 283 – Accumulated Deferred Income Taxes – Other,

f. 364 – Poles, Towers, and Fixtures,

g. 365 – Overhead Conductors and Devices,

h. 369 – Services,

i. 408.1 – Taxes – Property,

j. 409.1 – Income Taxes, Utility Operating Income,

k. 410.1 – Provision for Deferred Income Taxes, Utility

Operating Income,

l. 411.1 – Provision for Deferred Income Taxes – Credit,

Utility Operating Income,

m. 411.4 – Investment Tax Credit Adjustments, Utility

Operations, and

n. 593 – Maintenance of Overhead Lines;

2. Number of poles owned, leased, or operated by the electric

cooperative;

3. Number of attachments on poles owned, leased, or operated by

the electric cooperative;

4. Average height of poles owned, leased, or operated by the

electric cooperative;

5. Cooperative-defined percentage of usable space on poles

owned, leased, or operated by the electric cooperative; and

Oklahoma Statutes - Title 17. Corporation Commission Page 116

6. Cooperative's established rate of return.
Okla. Stat. tit. 17, § 17-166.3 — OK Code / Title 17 / Section 17-166.3
Conferences
Status: in_force

A. The Corporation Commission is hereby authorized to sponsor

and implement conferences to promote the dissemination of knowledge

regarding the Commission's regulatory activities. The Commission is

hereby authorized to charge registration and other fees necessary to

cover the costs of these conferences and shall deposit the fees,

plus any other conference proceeds, including donated funds, into an

agency special account to be created by the Special Agency Account

Board. Expenditure of monies from this agency special account shall

be exempt from the Oklahoma Central Purchasing Act and shall be for

purposes incidental to the conferences sponsored by the Commission.

B. From any monies remaining in the fund following a conference

after all bills have been paid, the Commission shall retain ten

percent (10%) of the total conference cost to be used to cover start

up costs for the next conference and may transfer any remaining

monies to the Oklahoma Corporation Commission Revolving Fund to be

used for general operating expenses of the Commission.

Oklahoma Statutes - Title 17. Corporation Commission Page 146
Okla. Stat. tit. 17, § 17-180.7 — OK Code / Title 17 / Section 17-180.7
Corporation Commission Revolving Fund
Status: in_force

Oklahoma Statutes - Title 17. Corporation Commission Page 151

There is hereby created in the State Treasury a revolving fund

for the Corporation Commission, to be designated the "Corporation

Commission Revolving Fund". The revolving fund shall consist of all

fees and monies received by the Corporation Commission as required

by law to be deposited to the credit of said fund and any other

monies, excluding appropriated funds, that are not directed by law

to be deposited to the credit of any other Corporation Commission

Fund. Said revolving fund shall be a continuing fund, not subject

to fiscal year limitations and shall not be subject to legislative

appropriation. Expenditures from said revolving fund shall be made

pursuant to the laws of this state and the statutes relating to the

Corporation Commission and shall be for general operating expenses

of the Corporation Commission. In addition, expenditures from said

revolving fund may be made pursuant to the Oklahoma Central

Purchasing Act for the purpose of immediately responding to

emergency situations, within the Commission's jurisdiction, having

potentially critical environmental or public safety impact. Warrants

for expenditures from said fund shall be drawn by the State

Treasurer, based on claims signed by an authorized employee or

employees of the Corporation Commission and approved for payment by

the Director of the Office of Management and Enterprise Services.
Okla. Stat. tit. 17, § 17-139.102 — OK Code / Title 17 / Section 17-139.102
Definitions
Status: in_force

As used in the Oklahoma Telecommunications Act of 1997:

1. "Access line" means the facilities provided and maintained

by a telecommunications service provider which permit access to or

from the public switched network or its functional equivalent

regardless of the technology or medium used;

2. "Administrative process" means an administrative application

process which allows eligible local exchange telecommunications

providers and eligible providers to request funding and an

administrative submission process that allows Oklahoma Universal

Service Fund Beneficiaries to submit a preapproval request directly

with the Administrator. Both of the administrative processes shall

not require an order from the Commission to determine eligibility

for, allocate or disburse funds unless a request for reconsideration

is filed;

Oklahoma Statutes - Title 17. Corporation Commission Page 50

3. "Administrator" means the Director of the Public Utility

Division of the Corporation Commission;

4. "Broadband", as used in Section 139.202 of this title, means

those services and underlying facilities that provide access to and

from the Internet of continuous speeds of at least twenty-five (25)

megabits per second (Mbps) downstream, from the provider to the

customer, and continuous speeds of at least three (3) megabits per

second (Mbps) upstream, from the customer to the provider, using

fixed, terrestrial facilities, including, but not limited to,

wireless, copper wire, fiber-optic cable, or coaxial cable, to

provide such service. The minimum Internet speeds listed in this

paragraph shall be subject to change or update when, or if, the

Federal Communications Commission makes new rulings related to its

definition of broadband;

5. "Commission" means the Corporation Commission of this state;

6. "Competitive local exchange carrier" or "CLEC" means, with

respect to an area or exchange, a telecommunications service

provider that is certificated by the Commission to provide local

exchange services in that area or exchange within the state after

July 1, 1995;

7. "Competitively neutral" means not advantaging or favoring

one person or technology over another;

8. "Consortium" means, as used in Section 139.109.1 of this

title, two or more Oklahoma Universal Service Fund Beneficiaries

that choose to request support under the Federal Universal Service

Support Mechanism or successor program or programs as a single

entity;

9. "Contributing providers" means providers, including but not

limited to providers of intrastate telecommunications, providers of

intrastate telecommunications for a fee on a non-common-carrier

basis, providers of wireless telephone service and providers of

interconnected Voice over Internet Protocol (VoIP). Contributing

providers shall contribute to the Oklahoma Universal Service Fund

and Oklahoma Lifeline Fund. VoIP providers shall be assessed only

as provided for in the decision of the Federal Communications

Commission, FCC 10-185, released November 5, 2010, or such other

assessment methodology that is not inconsistent with federal law.

Entities exempt from contributing to the Federal Universal Service

Support Mechanisms are also exempt from contributing to the Oklahoma

Universal Service Fund and Oklahoma Lifeline Fund consistent with 47

C.F.R., Section 54.706(d). The term "contributing providers" may be

modified to conform to the definition of contributors as defined by

the FCC if adopted by the Commission, after notice and hearing;

10. "Eligible entity" means any terrestrial Internet service

provider willing to go into unserved or underserved areas, as

determined by the Rural Broadband Expansion Council mapping. The

Oklahoma Statutes - Title 17. Corporation Commission Page 51

eligible entity shall provide at least the minimum broadband speeds

pursuant to paragraph 4 of this section;

11. "Eligible health care entity" means a not-for-profit

hospital, county health department, city-county health department,

not-for-profit mental health and substance abuse facility or

Federally Qualified Health Center in Oklahoma. Eligible health care

entity shall also include telemedicine services provided by the

Oklahoma Department of Corrections at facilities identified in

Section 509 of Title 57 of the Oklahoma Statutes;

12. "Eligible local exchange telecommunications service

provider" means ILEC, CLEC and commercial radio mobile service

provider as those terms are used in the Oklahoma Telecommunications

Act of 1997;

13. "Eligible provider" means, for purposes of Special

Universal Services, providers of telecommunications services which

hold a certificate of convenience and necessity and OneNet;

14. "End User Common Line Charge" means the flat-rate monthly

interstate access charge required by the Federal Communications

Commission that contributes to the cost of local service;

15. "Enhanced service" means a service that is delivered over

communications transmission facilities and that uses computer

processing applications to:

a. change the content, format, code, or protocol of

transmitted information,

b. provide the customer new or restructured information,

or

c. involve end-user interaction with information stored

in a computer;

16. "Exchange" means a geographic area established by an

incumbent local exchange telecommunications provider as filed with

or approved by the Commission for the administration of local

telecommunications service in a specified area which usually

embraces a city, town, or village and its environs and which may

consist of one or more central offices together with associated

plant used in furnishing telecommunications service in that area;

17. "Facilities" means all the plant and equipment of a

telecommunications service provider, including all tangible and

intangible real and personal property without limitation, and any

and all means and instrumentalities in any manner owned, operated,

leased, licensed, used, controlled, furnished, or supplied for, by,

or in connection with the business of any telecommunications service

provider;

18. "Federally Qualified Health Center" or "(FQHC)" means an

entity which:

a. is receiving a grant under Section 330 of the Public

Health Service (PHS) Act, 42 U.S.C., Section 254b, or

is receiving funding from a grant under a contract

Oklahoma Statutes - Title 17. Corporation Commission Page 52

with the recipient of such a grant and meets the

requirements to receive a grant under Section 330 of

the PHS Act,

b. based on the recommendation of the Health Resources

and Services Administration within the Public Health

Service, is determined by the Secretary of the

Department of Health and Human Services to meet the

requirements for receiving a grant as described in

subparagraph a of this paragraph,

c. was treated by the Secretary of the Department of

Health and Human Services, for purposes of part B of

Section 330 of the PHS Act, as a comprehensive

federally funded health center as of January 1, 1990,

or

d. is an outpatient health program or facility operated

by a tribe or tribal organization under the Indian

Self-Determination Act, 25 U.S.C., Section 450f et

seq., or by an urban Indian organization receiving

funds under Title V of the Indian Health Care

Improvement Act, 25 U.S.C., Section 1651 et seq.;

19. "Federal Universal Service Support Mechanism" is the

support program established by the Telecommunications Act of 1996,

47 U.S.C., Section 254(h). The program includes support for

schools, libraries and health care providers;

20. "Funding year" means, for purposes of administering the

Oklahoma Universal Service Fund, the period of July 1 through June

30;

21. "High speed Internet access service" or "broadband service"

means, as used in Section 139.202 of this title, those services and

underlying facilities that provide upstream, from customer to

provider, or downstream, from provider to customer, transmission to

or from the Internet in excess of or at a constant download speed of

twenty-five (25) megabits per second (Mbps) and in excess of or at a

constant upload speed of three (3) megabits per second (Mbps),

regardless of the technology or medium used, including, but not

limited to, wireless, copper wire, fiber-optic cable, or coaxial

cable, to provide such service;

22. "Hospital" means a health care entity that has been granted

a license as a hospital by the State Department of Health for that

particular location;

23. "Incumbent local exchange telecommunications service

provider" or "ILEC" means, with respect to an area or exchanges, any

telecommunications service provider furnishing local exchange

service in such area or exchanges within this state on July 1, 1995,

pursuant to a certificate of convenience and necessity or

grandfathered authority;

Oklahoma Statutes - Title 17. Corporation Commission Page 53

24. "Installation charge" means any charge for a nonrecurring

service charged by an eligible provider necessary to initiate

Special Universal Services. Installation charges may not exceed the

cost which would be charged for installation, if the cost were not

being paid for by the OUSF;

25. "Interexchange telecommunications carrier" or "IXC" means

any person, firm, partnership, corporation or other entity, except

an incumbent local exchange telecommunications service provider,

engaged in furnishing regulated interexchange telecommunications

services under the jurisdiction of the Commission;

26. "Internet" means the international research-oriented

network comprised of business, government, academic and other

networks;

27. "Local exchange telecommunications service" means a

regulated switched or dedicated telecommunications service which

originates and terminates within an exchange or an exchange service

territory. Local exchange telecommunications service may be

terminated by a telecommunications service provider other than the

telecommunications service provider on whose network the call

originated. The local exchange service territory defined in the

originating provider's tariff shall determine whether the call is

local exchange service;

28. "Local exchange telecommunications service provider" means

a company holding a certificate of convenience and necessity from

the Commission to provide local exchange telecommunications service;

29. "Not-for-profit hospital" means:

a. a hospital located in this state which has been

licensed as a hospital at that location pursuant to

Section 1-701 et seq. of Title 63 of the Oklahoma

Statutes for the diagnosis, treatment, or care of

patients in order to obtain medical care, surgical

care or obstetrical care and which is established as

exempt from taxation pursuant to the provisions of the

Internal Revenue Code, 26 U.S.C., Section 501(c)(3),

or

b. a hospital located in this state which is licensed as

a hospital at that location pursuant to Section 1-701

et seq. of Title 63 of the Oklahoma Statutes and is

owned by a municipality, county, the state or a public

trust for the diagnosis, treatment, or care of

patients in order to obtain medical care, surgical

care, or obstetrical care;

30. "Not-for-profit mental health and substance abuse facility"

means a facility, not for the sole purpose of administration, which

is operated by the Department of Mental Health and Substance Abuse

Services or a facility certified by the Department of Mental Health

and Substance Abuse Services as a Community Mental Health Care

Oklahoma Statutes - Title 17. Corporation Commission Page 54

Center, a Community-Based Structured Crisis Center or a Community

Comprehensive Addiction Recovery Center;

31. "Oklahoma High Cost Fund" means the fund established by the

Commission in Cause Nos. PUD 950000117 and 950000119;

32. "Oklahoma Lifeline Fund" or "(OLF)" means the fund

established and required to be implemented by the Commission

pursuant to Section 139.105 of this title;

33. "Oklahoma Universal Service Fund" or "(OUSF)" means the

fund established and required to be implemented by the Commission

pursuant to Section 139.106 of this title;

34. "Oklahoma Universal Service Fund Beneficiary" means an

entity eligible to receive Special Universal Services support as

provided for in subsection A of Section 139.109.1 of this title;

35. "Prediscount amount" means the total cost of Special

Universal Services, selected pursuant to the procedures set out in

paragraph 5 of subsection B of Section 139.109.1 of this title,

before charges are reduced by federal or state funding support. The

prediscount amount shall not include fees or taxes;

36. "Person" means any individual, partnership, association,

corporation, governmental entity, public or private organization of

any character, or any other entity;

37. "Primary universal service" means an access line and dial

tone provided to the premises of residential or business customers

which provides access to other lines for the transmission of two-way

switched or dedicated communication in the local calling area

without additional, usage-sensitive charges, including:

a. a primary directory listing,

b. dual-tone multifrequency signaling,

c. access to operator services,

d. access to directory assistance services,

e. access to telecommunications relay services for the

deaf or hard-of-hearing,

f. access to nine-one-one service where provided by a

local governmental authority or multijurisdictional

authority, and

g. access to interexchange long distance services;

38. "Public library" means a library or library system that is

freely open to all persons under identical conditions and which is

supported in whole or in part by public funds. Public library shall

not include libraries operated as part of any university, college,

school museum, the Oklahoma Historical Society or county law

libraries;

39. "Public school" means all free schools supported by public

taxation, and shall include grades prekindergarten through twelve

and technology center schools that provide vocational and technical

instruction for high school students who attend the technology

Oklahoma Statutes - Title 17. Corporation Commission Page 55

center school on a tuition-free basis. Public school shall not

include private schools, home schools or virtual schools;

40. "Regulated telecommunications service" means the offering

of telecommunications for a fee directly to the public where the

rates for such service are regulated by the Commission. Regulated

telecommunications service does not include the provision of

nontelecommunications services, including, but not limited to, the

printing, distribution, or sale of advertising in telephone

directories, maintenance of inside wire, customer premises

equipment, and billing and collection service, nor does it include

the provision of wireless telephone service, enhanced service, and

other unregulated services, including services not under the

jurisdiction of the Commission, and services determined by the

Commission to be competitive;

41. "Served area" means an area or region with access to

broadband at or above a defined transmission speed threshold as

described in paragraph 4 of this section;

42. "Special Universal Services" means the telecommunications

services supported by the OUSF which are furnished to public

schools, public libraries and eligible health care entities as

provided for in Section 139.109.1 of this title;

43. "Tariff" means all or any part of the body of rates, tolls,

charges, classifications, and terms and conditions of service

relating to regulated services offered, the conditions under which

offered, and the charges therefor, which have been filed with the

Commission and have become effective;

44. "Telecommunications" means the transmission, between or

among points specified by the user, of information of the user's

choosing, without change in the form or content of the information

as sent and received;

45. "Telecommunications carrier" means a person that provides

telecommunications service in this state;

46. "Telecommunications service" means the offering of

telecommunications for a fee;

47. "Telemedicine service" means the practice of health care

delivery, diagnosis, consultation and treatment, including but not

limited to the transfer of medical data or exchange of medical

education information by means of audio, video or data

communications. Telemedicine service shall not mean a consultation

provided by telephone or facsimile machine;

48. "Underserved area" means an area or region that has

Internet service at speeds higher than those that meet the

definition of an unserved area, but lower than those service speeds

of high-speed Internet;

49. "Universal service area" has the same meaning as the term

"service area" as defined in 47 U.S.C., Section 214(e)(5);

Oklahoma Statutes - Title 17. Corporation Commission Page 56

50. "Unserved area" means an area or region in which there is

not at least one provider of terrestrial broadband service that is

either:

a. offering a connection to the Internet, or

b. required, under the terms of the Federal Universal

Service Fund or other federal or state grant, to

provide a connection to the Internet;

51. "WAN" means a wide-area network that exists over a large-

scale geographical area. A WAN connects different smaller networks,

including local area networks and metro area networks, which ensures

that computers and users in one location can communicate with

computers and users in other locations;

52. "Wire center" means a geographic area normally served by a

central office;

53. "Wireless Internet service provider" or "WISP", as used in

Section 2 of this act, means a fixed wireless access provider that

uses point-to-point microwave or millimeter-wave links between its

towers for coverage extension and backhaul and point-to-multipoint

links from the towers to the customer premises; and

54. "Wireless telephone service" means radio communication

service carried on between mobile stations or receivers and land

stations and by mobile stations communicating among themselves and

which permits a user generally to receive a call that originates or

terminates on the public switched network or its functional

equivalent regardless of the radio frequencies used.
Okla. Stat. tit. 17, § 17-191.8 — OK Code / Title 17 / Section 17-191.8
Court jurisdiction - Agent for service of process
Status: in_force

The courts of this state are hereby vested with jurisdiction

over every person not resident, domiciled or authorized to do

business in this state who files or is required to file a statement

with the Corporation Commission as required by Section 2 of this

act, and over all actions involving such person arising out of

violations of this act. The Commission shall be the agent for

service of process for any such person in any action, suit or

proceeding arising out of violations of this act. Copies of all

such lawful process shall be served on the Commission and

transmitted by certified or registered mail, with return receipt

requested, by the Commission to such person at his last-known

address.
Okla. Stat. tit. 17, § 17-159.15 — OK Code / Title 17 / Section 17-159.15
Notice of receipt of application
Status: in_force

Upon receipt of an application for such certificate, the

Commission shall cause notice thereof to be given by certified mail

or personal service to the chief executive officer of the

municipality or municipalities affected, if any, to the board of

county commissioners in any county the line enters or traverses, and

to any water transportation company having a water transportation

line in any county in which the proposed line is to be built or

having a transporation line in any county or counties having a

Oklahoma Statutes - Title 17. Corporation Commission Page 118

common boundary at any point to any county in which the proposed

line is to be built, and shall publish such notice once a week for

two (2) consecutive weeks in some newspaper of general circulation

in each county affected.
Okla. Stat. tit. 17, § 17-348.4 — OK Code / Title 17 / Section 17-348.4
Enforcement by Petroleum Storage Tank Division
Status: in_force

The Petroleum Storage Tank Division of the Oklahoma Corporation

Commission shall enforce the provisions of Sections 348 through

348.9 of this title by certification, inspections, chemical analysis

or any other appropriate methods. All samples for inspection or

analysis shall be taken from stocks in this state or intended for

sale in this state, or the Corporation Commission through its agents

shall require the manufacturer or distributor applying for a permit

for antifreeze sale to supply a certified analysis of the antifreeze

with the permit application. The Corporation Commission, through

its agents, shall have free access by legal means during business

Oklahoma Statutes - Title 17. Corporation Commission Page 269

hours to all places of business, buildings, vehicles, cars and

vessels used in the manufacture, transportation, sale or storage of

any antifreeze, and it may open by legal means a box, carton,

parcel, or package containing or supposed to contain any antifreeze

and may take therefrom samples for analysis.
Okla. Stat. tit. 17, § 17-53.1 — OK Code / Title 17 / Section 17-53.1
Removal of surface trash and debris - Rules and
Status: in_force

regulations.

A. The Corporation Commission shall prescribe and promulgate

rules and regulations to require all operators of oil and gas wells

or leases upon which oil and gas wells are located to remove all

surface trash and debris, occasioned by their operations, from the

vicinity of their operations and to keep such premises free and

clear of such trash and debris.

B. For the purposes of this act, "surface trash and debris"

means all discarded material directly connected with the drilling or

producing of or exploration for hydrocarbons including, but not

limited to, garbage, rubbish, junk or scrap.
Okla. Stat. tit. 17, § 17-180.13 — OK Code / Title 17 / Section 17-180.13
Compliance with Open Meeting Act — Exemptions
Status: in_force

Oklahoma Statutes - Title 17. Corporation Commission Page 156

A. While the Oklahoma Corporation Commission is subject to the

Oklahoma Open Meeting Act, Corporation Commissioners are exempt from

and may discuss administrative, operational, and procedural matters

of the Corporation Commission between or among Commissioners, even

if a quorum is present, provided the discussions do not address

appropriation of Corporation Commission funds and no official action

is taken. Corporation Commissioners may not discuss pending

legislative matters before the Corporation Commission without

complying with the Oklahoma Open Meeting Act. The administrative,

operational, and procedural matters authorized under this subsection

are limited to the following:

1. Scheduling of agenda items to be set before the Corporation

Commission for an emergency, regular, or special meeting;

2. Prioritizing cases pending before the Corporation

Commission;

3. Identifying legislative changes, proposed or passed, and

their effects on the Corporation Commission;

4. Discussing public and media statements;

5. Discussing organizational structure;

6. Discussing internal processes;

7. Discussing staffing needs;

8. Receiving informational updates from Corporation Commission

staff on the business of the Corporation Commission, as long as such

updates do not pertain to pending legislative proceedings of the

Corporation Commission;

9. Conducting regular staff meetings where discussions of the

day-to-day management of the Corporation Commission occur, as long

as such updates do not pertain to pending legislative proceedings of

the Corporation Commission;

10. Interviewing potential employees for the position of

Director of Administration and Division Directors; and

11. Assessing performance reviews and duties of the Director of

Administration and Division Directors.

B. Corporation Commissioners may attend and participate in

conferences, training, educational, press, and social events, where

the topic of these events is the Corporation Commission, even if a

quorum is present, provided that no official action is taken and any

discussion of the business of the Corporation Commission is

incidental to the event.

C. Corporation Commissioners may not discuss any pending

legislative proceedings of the Corporation Commission without

complying with the Oklahoma Open Meeting Act.

D. Corporation Commissioners may attend and participate in

meetings and proceedings of the Legislature, even if a quorum is

present, provided that no official action is taken.

E. As used in this subsection, the term "event" means any

matters authorized in subsections A through D of this section.

Oklahoma Statutes - Title 17. Corporation Commission Page 157

After participating in any events authorized by this section, the

Corporation Commission shall be required to provide timely

documentation, in the form and manner as determined by a public vote

of the Corporation Commission, which may be amended subject to the

requirements of this section. This documentation is for the purpose

of providing public notice of the subject matter received by or

discussed between or among Commissioners, even if a quorum is

present, outside of a public meeting. Such documentation shall be

posted to the Corporation Commission's website within five (5)

business days following the event. However, should the Corporation

Commission wish to take potential action on the subject of a

disclosed event, such potential action item shall be documented at

least forty-eight (48) hours prior to the Corporation Commission

considering such item at a public meeting.

F. Should the Corporation Commission make any changes to the

date, time, or place, including cancellation of any regularly

scheduled meeting, the Corporation Commission shall provide notice

in writing to the Secretary of State as required by paragraph 8 of

subsection A of Section 311 of Title 25 of the Oklahoma Statutes;

provided that the Corporation Commission may file the required

notice not less than five (5) days prior to the implementation of

any such change or cancellation.

G. The Corporation Commission shall implement periodic training

on the Oklahoma Open Meeting Act for Commissioners and designated

staff.

H. The provisions of this section shall cease to have the force

and effect of law on July 1, 2026.
Okla. Stat. tit. 17, § 17-313 — OK Code / Title 17 / Section 17-313
Records, reports and information - Public inspection -
Status: in_force

Confidentiality - Disclosure to federal or state representatives.

A. Any records, reports or information obtained pursuant to the

Oklahoma Petroleum Storage Tank Consolidation Act shall be available

to the public except as provided in subsection B of this section.

B. Upon a showing satisfactory to the Corporation Commission by

any person that records, reports or information, or a particular

part thereof is made public, would divulge production or sales

figures or methods, processes or production unique to such person or

would otherwise tend to affect adversely the competitive position of

such person by revealing trade secrets, the Commission shall

consider such record, report or information or particular portion

thereof, confidential.

C. Nothing in this section shall be construed to prevent

disclosures of such report, record or information to federal or

state representatives as necessary for purposes of administration of

any federal or state laws or when relevant to proceedings pursuant

to the Oklahoma Petroleum Storage Tank Consolidation Act.

D. Information concerning groundwater quality and the presence

or concentration of regulated substances or chemicals of concern, in

soils or groundwater shall not be considered confidential by the

Commission.Oklahoma Statutes - Title 17. Corporation Commission Page 7
Okla. Stat. tit. 17, § 17-160.13 — OK Code / Title 17 / Section 17-160.13
Definitions
Status: in_force

As used in the Oklahoma Wind Energy Development Act:

1. “Abandonment” means the failure to generate electricity from

commercial wind energy equipment for a period of twenty-four (24)

consecutive months for reasons other than curtailment, repowering, a

valid judicial order or other governmental regulatory action, with

no pending negotiations for purchase. A wind energy facility shall

not be considered abandoned if the owner or operator has elected not

to run the facility, but it has been maintained in proper working

order and is capable of generating electricity;

2. “Commencement of construction” means beginning excavation of

wind turbine foundations or other actions relating to the actual

erection and installation of commercial wind energy equipment. It

shall not include erection of meteorological towers, environmental

assessments, surveys, preliminary engineering or other activities

associated with assessment of development of the wind resources on a

given parcel of property;

Oklahoma Statutes - Title 17. Corporation Commission Page 124

3. “Commercial generation date” means the date on which the

wind turbine in question first generates electrical energy in

commercial quantities;

4. “Commercial wind energy equipment” means a wind tower and

turbine with five hundred kilowatts (500kw) or greater of total

nameplate generating capacity;

5. “Commercial quantities” means an amount of electrical energy

sufficient for sale or use off-site from a wind turbine or wind

energy facility, and shall not include amounts of electrical energy

used only for the maintenance or testing of the wind turbine or wind

energy facility itself;

6. “Owner” means the entity having a majority equity interest

in commercial wind energy equipment, including their respective

successors and assigns;

7. “Useful life” means the time during which a wind turbine or

wind energy facility is generating electricity in commercial

quantities;

8. “Wind turbine” means a wind energy conversion system which

converts wind energy into electricity through the use of a wind

turbine generator and includes the turbine, blade, tower, base and

pad transformer, if any; and

9. “Wind energy facility” means an electrical generation

facility consisting of one or more wind turbines under common

ownership or operating control, and includes substations,

meteorological data towers, aboveground and underground electrical

transmission lines, transformers, control systems, and other

buildings or facilities used to support the operation of the

facility, and whose primary purpose is to supply electricity to an

off-site customer or customers. Wind energy facility shall not

include a wind energy facility located entirely on property held in

fee simple absolute estate by the owner of the wind energy facility.
Okla. Stat. tit. 17, § 17-315 — OK Code / Title 17 / Section 17-315
Corporation Commission Storage Tank Revolving Fund
Status: in_force

Oklahoma Statutes - Title 17. Corporation Commission Page 232

There is hereby created in the State Treasury a revolving fund

for the Corporation Commission, to be designated the "Corporation

Commission Storage Tank Revolving Fund", (Storage Tank Revolving

Fund). The fund shall be a continuing fund, not subject to fiscal

year limitations, and shall consist of all monies received by the

Commission, from:

1. The proceeds of any fees imposed pursuant to the provisions

of the Oklahoma Petroleum Storage Tank Consolidation Act, Section

301 et seq. of this title;

2. Interest attributable to investment of monies in the

Corporation Commission Storage Tank Revolving Fund;

3. Monies received by the Commission in the form of gifts,

grants other than federal grants, reimbursements or appropriations

from any source intended to be used for the purposes of the

revolving fund;

4. Fines, forfeitures, administrative fees, settlement

proceeds; and

5. Any other sums designated for deposit to the revolving fund

from any source public or private.

All monies accruing to the credit of said revolving fund are

hereby appropriated and may be budgeted and expended by the

Commission for the purpose of implementing the provisions of the

Oklahoma Petroleum Storage Tank Consolidation Act and the rules

promulgated thereto. Expenditures from said revolving fund shall be

made upon warrants issued by the State Treasurer against claims

filed as prescribed by law with the Director of the Office of

Management and Enterprise Services for approval and payment.
Okla. Stat. tit. 17, § 17-158.28 — OK Code / Title 17 / Section 17-158.28
Applicabilty of act
Status: in_force

The provisions of this act shall not be applicable to municipal

corporations, or beneficial trusts thereof, owning or operating

electric lines or generating facilities, or the financing of a rural

electric cooperative or association; and nothing in this act shall

prohibit or shall ever be construed to prohibit any municipal

corporation, or beneficial trusts thereof, owning or operating

electric lines, from furnishing electric service to any territory

thereafter annexed to and incorporated into the corporate limits of

said municipal corporation, or from acquiring the electric

distribution facilities of any association or cooperative

corporation as now provided in Title 18, Section 437.2. Provided

further that it shall not be necessary for any such municipal

corporation, or beneficial trusts thereof, to secure the prior

order, consent or authorization of the Commission to proceed under

said Title 18, Section 437.2, but after the acquisition of any such

electric distribution facilities of any association or cooperative

corporation, the Commission shall be notified by such municipal

corporation as to the description of the territory annexed and

incorporated into the corporate limits in order that the Commission

may adjust its required maps.
Okla. Stat. tit. 17, § 17-158.51 — OK Code / Title 17 / Section 17-158.51
Offers, requests, invitations and acquisitions -
Status: in_force

Conflict of interests - Statement - Approval.

No person shall make an offer for, or enter into any agreement

to exchange, seek to acquire, or acquire the assets of a rural

electric cooperative regulated by the Corporation Commission if,

after the consummation of such action, such person would directly or

indirectly, or by conversion or by exercise of any right to acquire,

be in control of such rural electric cooperative, and no person

shall merge with or otherwise acquire control of a rural electric

cooperative, except pursuant to Section 437.13 of Title 18 of the

Oklahoma Statutes, unless, at the time any such offer, request or

invitation is made or prior to the acquisition of assets, such

person has filed with the Commission and has sent to such rural

electric cooperative a statement containing the information required

by Section 3 of this act and such offer, request, invitation, or

acquisition has been approved by the Commission in the manner

prescribed in Section 4 of this act.Oklahoma Statutes - Title 17. Corporation Commission Page 4
Okla. Stat. tit. 17, § 17-53 — OK Code / Title 17 / Section 17-53
Promulgation of rules - Plugging wells
Status: in_force

A. The Corporation Commission is hereby authorized to

promulgate rules for the plugging of all wells subject to its

jurisdiction. All wells shall be plugged under the direction and

supervision of Commission employees as may be prescribed by the

Commission. Provided, however, the Commission shall not order any

oil well to be plugged or closed if the well is located on an

otherwise producing oil lease as defined by the Commission, unless

such well poses an imminent threat to the public health and safety

which shall be determined by the Commission after conducting a

public hearing on the matter.

B. 1. Any operator responsible for idle gas wells shall plug

or produce from such wells that have not produced gas for a

consecutive time period of twenty (20) years or more prior to the

effective date of this act pursuant to the following schedule:

Oklahoma Statutes - Title 17. Corporation Commission Page 31

a. not later than July 1, 2028, the operator shall reduce

its number of idle gas wells by at least twenty-five

percent (25%),

b. not later than July 1, 2031, the operator shall reduce

its number of idle gas wells by at least fifty percent

(50%), and

c. not later than July 1, 2035, the operator shall plug

or produce from all remaining idle gas wells.

2. Any operator with an idle gas well that has not produced gas

for a consecutive time period of less than twenty (20) years prior

to the effective date of this act or with a gas well that is deemed

an idle gas well on and after the effective date of this act shall

have ten (10) years from the effective date of this act to either

plug or produce from the well.

C. Nothing in this section shall be construed to allow an

alteration or modification of the time frames prescribed in

subsection B of this section following the sale, lease, or transfer

of an idle gas well. The time frame commencing under subsection B

of this section shall be continual in nature.

D. The operator, owner, or other responsible parties may be

granted an exception to the provisions of subsection B of this

section for an idle gas well by demonstrating good cause to the

Commission. Good cause may include, but is not limited to, evidence

regarding the gas well’s future use for production, injection,

carbon storage, and geothermal energy generation, pursuant to

Commission rules.

E. As used in this section:

1. “Idle gas well” means a nonproducing gas well with respect

to which there has been no commercial production (i.e., from which

there has been no sale of natural gas) for the preceding ten (10)

years; and no reasonable case of good cause is made by the named

operator for its future use, including, without limitation, for

production, injection, carbon storage, and geothermal energy

generation;

2. “Nonproducing well” means a well that was drilled for the

purpose of producing hydrocarbons and that is currently shut-in or

temporarily abandoned;

3. “Shut-in” means a well that is completed, not producing, but

is mechanically capable of production and has requisite surface

facilities; and

4. “Temporarily abandoned” means a well that is completed, not

producing, and is not shut-in.

F. The Commission shall promulgate rules to effectuate the

provisions of this section and establish any necessary enforcement

measures.

Oklahoma Statutes - Title 17. Corporation Commission Page 32
Okla. Stat. tit. 17, § 17-803 — OK Code / Title 17 / Section 17-803
Nuclear energy generation feasibility study
Status: in_force

Oklahoma Statutes - Title 17. Corporation Commission Page 304

A. Not later than ninety (90) days after the effective date of

this act, the Corporation Commission shall start the process to

engage an outside consulting firm to conduct a technical and legal

feasibility study on nuclear energy generation in this state. This

engagement shall be exempt from the state procurement process under

Section 85.1 et seq. of Title 74 of the Oklahoma Statutes and follow

the Corporation Commission process to retain expert witnesses on

behalf of the agency to ensure the ability to timely conduct the

study and complete the requirements of this section. The consulting

firm shall be well-established in the nuclear industry.

B. The feasibility study shall evaluate and consider:

1. Advantages and disadvantages of generating nuclear energy in

this state, including, but not limited to, the economic and

environmental impacts;

2. Methods to maximize existing workforce and products made in

this state for the construction of nuclear energy generation

facilities;

3. Design characteristics, including recommendations for design

specification and site selection;

4. Environmental and ecological impacts;

5. Land and siting criteria, including specific geographic

areas that are best suited for new nuclear generation, as well as

cities near military bases that may use new nuclear electric

generation to meet the military resiliency requirements of 10

U.S.C., Section 2920;

6. Safety criteria;

7. Engineering and cost-related information;

8. Small modular nuclear reactor and microreactors capability;

and

9. Socioeconomic factors, including, but not limited to:

a. workforce education, training, and development,

b. local and state tax base,

c. supply chain capability,

d. permanent and temporary job creation,

e. timeline for development, including areas of potential

efficiencies, and potential leveraging of existing

facilities within this state,

f. literature review of studies that have assessed the

potential impact of nuclear energy generation, and

g. policy recommendations to support nuclear energy

generation, including a survey of federal programs to

financially assist the development of a nuclear

project in this state.

C. The Corporation Commission in conjunction with retail

electric suppliers and municipally owned electric utilities shall

cooperate in providing information relevant to the feasibility

Oklahoma Statutes - Title 17. Corporation Commission Page 305

study, providing for reasonable safeguards to protect confidential

information.

D. Not later than nine (9) months after the effective date of

this act, the Corporation Commission shall electronically deliver

the feasibility study findings to the President Pro Tempore of the

Oklahoma State Senate, the Speaker of the Oklahoma House of

Representatives, and the Governor.

E. In the event the Corporation Commission is unable to hire a

consultant to complete the report, the Commission is authorized to

conduct a notice of inquiry and utilize the information received

from the stakeholders in conjunction with a consulting firm to

reduce the cost of gathering information for the purpose of the

study and report.
Okla. Stat. tit. 17, § 17-116.6 — OK Code / Title 17 / Section 17-116.6
Inspections
Status: in_force

The Commission may, in enforcing the rules and regulations,

inspect any motor vehicle used to transport workers to and from

their places of employment or during the course of their employment.

Upon request, the Highway Patrol shall assist the Commission in

these inspections.
Okla. Stat. tit. 17, § 17-139.104 — OK Code / Title 17 / Section 17-139.104
Compensation of Attorney General for enforcement
Status: in_force

duties - Oversight by Consumer Services Division.

A. For the exercise of duties and performance of

responsibilities relating to telecommunications fraud pursuant to

the Oklahoma Consumer Protection Act, Section 751 et seq. of Title

15 of the Oklahoma Statutes, and for representation in

telecommunications matters as established in Section 18b of Title 74

of the Oklahoma Statutes, the Attorney General shall receive Two

Hundred Fifty Thousand Dollars ($250,000.00) per fiscal year to be

paid from the Oklahoma Universal Service Fund established in Section

6 of this act. For the 1998 fiscal year, the total amount of the

monies shall be paid to the Attorney General in one payment. For

each fiscal year thereafter, the monies shall be paid to the

Attorney General in equal monthly payments. All monies shall be

deposited in the Attorney General's Revolving Fund created pursuant

to Section 20 of Title 74 of the Oklahoma Statutes.

B. In addition to any other duties prescribed by law or by

Corporation Commission rules, the Commission, through its Consumer

Services Division, shall mediate grievances between consumers and

telecommunications carriers and ensure compliance with quality of

service standards adopted for local exchange telecommunications

service providers and other telecommunications carriers which

operate in this state.
Okla. Stat. tit. 17, § 17-306 — OK Code / Title 17 / Section 17-306
Corporation Commission Petroleum Storage Tank Division -
Status: in_force

Powers and duties.

Within its jurisdictional areas of responsibility, the

Corporation Commission Petroleum Storage Tank Division shall have

the power and duty to:

1. Issue, renew, deny, modify, suspend, refuse to renew and

revoke licenses, registrations and permits pursuant to the

provisions of the Oklahoma Petroleum Storage Tank Consolidation Act

and rules promulgated pursuant thereto;

2. Enter at any reasonable time upon any public or private

property for the purpose of inspecting and investigating storage

tank system monitoring or remediation equipment and taking such

samples as may be necessary to determine compliance with the

provisions of the Oklahoma Petroleum Storage Tank Consolidation Act,

and rules promulgated pursuant thereto;

3. Request issuance of an administrative warrant or search

warrant as may be necessary by Commission application after notice

and hearing to allow entry, inspection, testing, sampling, or

copying on public or private property;

Oklahoma Statutes - Title 17. Corporation Commission Page 216

4. Have access to and copy any records required to be

maintained pursuant to the provisions of the Oklahoma Petroleum

Storage Tank Consolidation Act or rules promulgated pursuant

thereto;

5. Cause investigations, inquiries and inspections to be made.

Inspect any equipment, practice or method prior to implementation

which is required by the provisions of the Oklahoma Petroleum

Storage Tank Consolidation Act or rules promulgated pursuant

thereto;

6. Have the right to access any property which has or may have

had a petroleum storage tank system, a suspicion of release or a

confirmed release from a petroleum storage tank system on the

premises, and inspect any monitoring equipment, conduct sampling or

tests to identify any actual or suspected release of a regulated

substance;

7. Investigate alleged violations of the Oklahoma Petroleum

Storage Tank Consolidation Act. Employ, authorize or designate

personnel to conduct inquiries, investigations, inspections, and to

perform other acts that the Director of the Petroleum Storage Tank

Division is authorized or required to conduct or perform, to make

reports of compliance with the provisions of the Oklahoma Petroleum

Storage Tank Consolidation Act and rules promulgated pursuant

thereto;

8. Within its discretion, report and request criminal

prosecution proceedings to the district attorney having jurisdiction

or to the Attorney General any act committed by any person, entity,

owner, operator, employee or agent of a facility which may

constitute a violation of the provisions of the Oklahoma Petroleum

Storage Tank Consolidation Act, any order issued or rules

promulgated pursuant thereto;

9. Advise, consult, assist, and cooperate with other agencies

of this state, towns, cities, counties, industries, the federal

government, other states and interstate agencies and with affected

groups and political subdivisions regarding petroleum storage tank

issues;

10. Financially assist other agencies and political

subdivisions of the state where the Petroleum Storage Tank Division

has jurisdiction;

11. Administer the Storage Tank Program in lieu of the federal

government upon approval by the Environmental Protection Agency;

12. Promulgate and enforce rules to implement the provisions of

the Oklahoma Petroleum Storage Tank Consolidation Act;

13. Establish minimum standards and schedules for storage tank

systems;

14. Require any owner or operator of a storage tank system

within this state to:

Oklahoma Statutes - Title 17. Corporation Commission Page 217

a. submit such reports and information concerning the

storage tank system as may be determined necessary by

the Commission pursuant to the provisions of the

Oklahoma Petroleum Storage Tank Consolidation Act or

rules promulgated pursuant thereto,

b. perform tests, install release detection devices, and

where appropriate, monitor the environment to ensure

that a petroleum release is not occurring,

c. make timely reports to the Commission of

contamination, releases, or testing and sampling

events at or above Commission action levels,

d. temporarily or permanently cease operation of a

storage tank system, modify and immediately remove or

control any regulated substance that is found to be

causing contamination when such cessation, removal or

control is determined to be necessary by the

Commission,

e. provide an alternate or temporary drinking water

source to any person deprived of drinking water if it

is found that such owner or operator is responsible

for contaminating the drinking water source beyond

applicable drinking water standards, or where no such

standard exists, such standard as the Department of

Environmental Quality shall determine,

f. take full corrective action if such owner or operator

or other such responsible person is found to be

responsible for the release, and

g. take appropriate action to temporarily relocate

residents affected by the release;

15. Establish and enforce administrative penalties against any

person or entity for violations pursuant to the provisions of the

Oklahoma Petroleum Storage Tank Consolidation Act, requirements,

rules promulgated thereunder, or orders issued therefrom, including

issuance of field citations by designated personnel for violations

of the Oklahoma Petroleum Storage Tank Consolidation Act, including

but not limited to the authority to shut down a storage tank system

found to pose an imminent threat to the health, safety or the

environment, to be operating a storage tank system for which permit

fees have not been paid, or to be operating a storage tank system

with an outstanding unpaid field citation or fine, or violation of a

Commission requirement, rule or order. The Commission shall

promulgate rules specifying the events that provide for storage tank

system shutdown. Issuance or payment of field citations shall in no

way preclude other enforcement proceedings, administrative

penalties, fines or order of the Commission if an owner or operator

fails to correct a violation or abate a threat to health, safety or

the environment in a reasonable manner, as determined by the

Oklahoma Statutes - Title 17. Corporation Commission Page 218

Commission. If a citation is issued or a facility is closed under

the provisions of the Oklahoma Petroleum Storage Tank Consolidation

Act, the owner or operator of the facility on application and notice

of hearing to the Commission shall be afforded a hearing within ten

(10) days of filing an application. Any penalties or fines assessed

pursuant to this section shall be established by the Commission by

rules promulgated pursuant to the Administrative Procedures Act;

16. Institute and maintain or intervene in any action or

proceeding where deemed necessary by the Commission pursuant to the

provisions of the Oklahoma Petroleum Storage Tank Consolidation Act

to protect the health, safety and welfare of any resident of this

state or the environment;

17. Review emergency response plans developed outside the

Commission;

18. Establish a schedule of fees for issuance of any permit,

license, inspection, form or registration in an amount to cover the

costs of the Commission in administering the Oklahoma Petroleum

Storage Tank Consolidation Act. Payment of the permitting fees for

any storage tank system required pursuant to the provisions of the

Oklahoma Petroleum Storage Tank Consolidation Act or to rules

promulgated pursuant thereto shall prohibit the assessment of

additional registration, inspection, licensing or permitting fees

for such storage tank systems by any other agency or municipality of

this state;

19. Create and implement an internally coordinated management

system for the Petroleum Storage Tank Division;

20. When necessary, economically advantageous, reasonable and

integral to a corrective action effort or to establish an

alternative water supply, the Petroleum Storage Tank Division may,

in the exercise of its powers for the performance of its duties as

authorized by this section, purchase real property and easements,

and if an owner/operator is unwilling, unknown, unavailable or

financially unable, the Petroleum Storage Tank Division may arrange

for the design, construction and operation of an alternative water

supply system conjunctive with a corrective action effort and/or the

establishment of an alternative water supply with funds from the

Indemnity Fund. Provided, no real property shall be purchased by

the Commission pursuant to this paragraph which will impose

liability on the Commission, Petroleum Storage Tank Division, the

Indemnity Fund or on the state for environmental claims or hazards.

Disposition of property purchased by the Indemnity Fund shall be

made by the Petroleum Storage Tank Division and the Office of

Management and Enterprise Services. Proceeds from any sale shall be

deposited to the credit of the Petroleum Storage Tank Indemnity

Fund;

21. Acquire and sell personal property which has been purchased

or obtained by a pay-for-performance contract pursuant to Section

Oklahoma Statutes - Title 17. Corporation Commission Page 219

327.3 of this title. Surplus personal property shall be disposed of

by the Petroleum Storage Tank Division and the Office of Management

and Enterprise Services pursuant to the Oklahoma Surplus Property

Act. The proceeds of the sale shall be deposited in the Petroleum

Storage Tank Indemnity Fund;

22. Implement and coordinate an Underground Storage Tank

Operator Training Program pursuant to the provisions of Section 319

of this title, issue annual permits related thereto and assess any

fees necessary for such training and permitting;

23. Encourage and conduct studies, investigations and research;

and collect and disseminate information relating to petroleum-

storage-tank-related contamination and its causes, effects,

prevention, control and abatement;

24. Enter into agreements for, accept, use, disburse and

administer grants of money, personnel and property from the federal

government or any department or agency thereof, or from any state or

state agency, or from any other source, to promote and conduct in

this state any program relating to petroleum storage tank

regulation;

25. Determine, charge and receive fees to be collected for

services, research and permits, to file other papers, to make copies

of documents, to make prints of maps and drawings, and to certify

copies of documents, maps and drawings as authorized by law;

26. Provide a toll-free phone number for petroleum-storage-

tank-related complaints;

27. Develop standards for pipeline terminal and refinery

delivery point metering and calibration and provide for appropriate

inspection and regulation of such meters where the metered product

is to be delivered to petroleum storage tanks; and

28. Exercise all incidental powers as necessary and proper for

the administration of the Oklahoma Petroleum Storage Tank

Consolidation Act.
Okla. Stat. tit. 17, § 17-138 — OK Code / Title 17 / Section 17-138
Enforcement
Status: in_force

In addition to the power to punish for contempt already vested

in the Commission, it shall have the power to vacate and declare

open any and all territory of any telephone utility which refuses to

extend service which might be ordered under Section 2 of this act.
Okla. Stat. tit. 17, § 17-602 — OK Code / Title 17 / Section 17-602
Renumbered as § 130.2 of Title 74 by Laws 1991, c. 235, §
Status: in_force

23, eff. July 1, 1991.
Okla. Stat. tit. 17, § 17-41 — OK Code / Title 17 / Section 17-41
Cotton gins declared public utilities
Status: in_force

Cotton gins maintained and operated for the purpose of ginning

seed cotton of the general public, or of persons other than the

person or persons, or the stockholders of the corporation

maintaining and operating said gin, or maintained and operated for

the purpose of ginning seed cotton not produced and owned by the

person or persons, or the stockholders of the corporation,

maintaining and operating said gin, are hereby declared to be public

utilities, and the operation of same for the purpose of ginning seed

cotton is declared to be a public business.
Okla. Stat. tit. 17, § 17-158.42 — OK Code / Title 17 / Section 17-158.42
Purpose
Status: in_force

The purposes of the Retail Electric Consumer Cost Reduction,

Safety and Service Efficiency Act are to encourage the orderly

development of coordinated statewide retail electric service,

conserve natural resources and materials, minimize unnecessary use

of the public rights-of-way, avoid needless and wasteful duplication

of electric distribution facilities within the State of Oklahoma and

provide safe, economical and cost-efficient electric service to

retail electric consumers.
Okla. Stat. tit. 17, § 17-286 — OK Code / Title 17 / Section 17-286
Electric utility – Transmission upgrade costs presumed
Status: in_force

recoverable – Applications for capital expenditures, facilities.

A. 1. The portion of costs incurred by an electric utility,

which is subject to rate regulation by the Corporation Commission,

for transmission upgrades approved by a regional transmission

organization to which the utility is a member and resulting from an

order of a federal regulatory authority having legal jurisdiction

over interstate regulation of transmission rates, shall be presumed

recoverable by the utility. The presumption established in this

paragraph may be rebutted by evidence that the costs so incurred by

the utility for the transmission upgrades exceed the scope of the

project authorized by the regional transmission organization or

order issued by the federal regulatory authority having jurisdiction

over interstate regulation of transmission rates. The Commission

shall transmit rules to implement the requirements of this

subsection to the Legislature on or before April 1, 2006. The rules

may authorize an electric utility to periodically adjust its rates

to recover all or a portion of the costs so incurred by the utility

for the transmission upgrades.

2. Reasonable costs incurred by an electric utility for

transmission upgrades:

a. needed to develop wind generation in this state,

b. approved by the Southwest Power Pool, and

c. placed into service before December 31, 2013,

shall be presumed recoverable through a periodic adjustment in the

rates of the utility, provided that the presumption of the recovery

of such costs or the recovery of such costs through a periodic

adjustment in rates may be rebutted by evidence presented to the

Commission. The determination of whether the costs shall be

recovered and whether the costs shall be recovered through a

periodic adjustment of rates shall be made by the Commission

following proper notice and hearing in a cause to be filed by the

electric utility in which it files such information as the

Commission may require.

B. An electric utility subject to rate regulation by the

Corporation Commission may file an application seeking Commission

authorization of a plan by the utility to make capital expenditures

for equipment or facilities necessary to comply with the federal

Clean Air Act (CAA), the Clean Water Act (CWA), the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980

(CERCLA), the Emergency Planning and Community Right-to-Know Act of

1986 (EPCRA), the Endangered Species Act of 1973 (ESA), the National

Environmental Policy Act of 1969 (NEPA), the Occupational Safety and

Health Act of 1970 (OSHA), the Oil Pollution Act of 1990 (OPA), the

Pollution Prevention Act of 1990 (PPA), the Resource Conservation

and Recovery Act of 1976 (RCRA), the Safe Drinking Water Act (SDWA),

Oklahoma Statutes - Title 17. Corporation Commission Page 196

the Toxic Substances Control Act (TSCA), all as amended, and, as the

Commission may deem appropriate, federal, state, local or tribal

environmental requirements which apply to generation facilities. If

approved by the Commission, after notice and hearing, the equipment

or facilities specified in the approved utility plan are

conclusively presumed used and useful. The utility may elect to

periodically adjust its rates to recover the costs of the

expenditures. The utility shall file a request for a review of its

rates pursuant to Section 152 of this title no more than twenty-four

(24) months after the utility begins recovering the costs through a

periodic rate adjustment mechanism and no more than twenty-four (24)

months after the utility begins recovering the costs through any

subsequent periodic rate adjustment mechanism. Provided further,

that a periodic rate adjustment or adjustments are not intended to

prevent a utility from seeking cost recovery of capital expenditures

as otherwise may be authorized by the Commission. However, the

reasonableness of the costs to be recovered by the utility shall be

subject to Commission review and approval. The Commission shall

promulgate rules to implement the provisions of this subsection,

such rules to be transmitted to the Legislature on or before April

1, 2007.

C. 1. An electric utility subject to rate regulation by the

Corporation Commission may elect to file an application seeking

approval by the Commission to construct a new electric generating

facility, to purchase an existing electric generation facility or

enter into a long-term contract for purchased power, capacity and

energy, subject to the provisions of this subsection. If, and to

the extent that, the Commission determines there is a need for

construction or purchase of the electric generating facility or

long-term purchase power contract, the generating facility or

contract shall be considered used and useful and its costs shall be

subject to cost recovery rules promulgated by the Commission. The

Commission shall enter an order on an application filed pursuant to

this subsection within two hundred forty (240) days of the filing of

the application, following notice and hearing and after

consideration of reasonable alternatives, unless the electric

generation facility utilizes natural gas as its primary fuel source.

If the electric generation facility uses natural gas as its primary

fuel source, then the Commission shall enter an order on an

application filed pursuant to this subsection within one hundred

eighty (180) days of the filing of the application, following notice

and hearing and after consideration of reasonable alternatives.

2. Bids received by the utility through a competitive bidding

process within the twelve (12) months following the final bid due

date of such competitive bidding process shall be considered

substantial evidence to satisfy the consideration of reasonable

alternatives.

Oklahoma Statutes - Title 17. Corporation Commission Page 197

3. Following receipt of an application filed pursuant to this

subsection, the Corporation Commission staff may file a request to

assess the specific costs, to be paid by the electric utility and

which shall be deemed to be recoverable, for the costs associated

with conducting the analysis or investigation of the application

including, but not limited to, the cost of acquiring expert

witnesses, consultants, and analytical services. The request shall

be filed at and heard by the Corporation Commissioners in the docket

opened by the electric utility pursuant to this subsection. After

notice and hearing, the Commission shall decide the request.

4. Additionally, following receipt of an application filed

pursuant to this subsection, the Office of the Attorney General may

file a request with the Corporation Commission for the assessment of

specific costs, to be paid by the electric utility and which shall

be deemed to be recoverable, associated with the performance of the

Attorney General’s duties as provided by law. Those costs may

include, but are not limited to, the cost of acquiring expert

witnesses, consultants and analytical services. The request shall

be filed at and heard by the Corporation Commissioners in the docket

opened by the electric utility pursuant to this subsection. After

notice and hearing, the Commission shall decide the request.

5. The Commission shall promulgate rules to implement the

provisions of this subsection. The rules shall be transmitted to

the Legislature on or before April 1, 2006. In promulgating rules

to implement the provisions of this subsection, the Commission shall

consider, among other things, rules which would:

a. permit contemporaneous utility recovery from its

customers, the amount necessary to cover the

Corporation Commission staff and Attorney General

assessments as authorized by this subsection,

b. establish how the cost of facilities approved pursuant

to this subsection shall be timely reviewed, approved,

and recovered or disapproved, and

c. establish the information which an electric utility

shall provide when filing an application pursuant to

this subsection.

6. The Commission shall permit an electric utility to begin to

recover return on and return of Construction-Work-In-Progress

expenses prior to commercial operation of a newly constructed

electric generation facility subject to the provisions of this

subsection, provided the newly constructed electric generation

facility utilizes natural gas as its primary fuel source. The

Commission shall permit a separate rate adjustment mechanism,

adjusted periodically, to recover the costs described in this

section for new capacity in natural-gas-fired electric generation

facilities. The new natural-gas-fired electric generation capacity

eligible for those provisions shall also include new natural-gas-

Oklahoma Statutes - Title 17. Corporation Commission Page 198

fired capacity additions at an existing electric generation

facility. If a public utility implements a rate adjustment

mechanism pursuant to this section and subsequently terminates the

initiative to construct or acquire stake in a natural gas electric

generation facility, the public utility shall automatically refund

customers any amounts collected through such rate adjustment

mechanism plus interest at the one-year United States Treasury Bill

rate through the mechanism, over a period not to exceed ninety (90)

days from the effective date of the termination of the initiative.

7. For any new natural-gas-fired electric generation facility

constructed pursuant to this section, an electric utility shall

secure a firm contract to transport natural gas to the generating

facility. Such contract shall be secured pursuant to a competitive

solicitation process conducted in accordance with applicable

Commission rules. The cost incurred for the contract shall be

presumed recoverable by the electric utility through its applicable

fuel adjustment clause. Costs assessed upon the electric utility by

the Commission for non-compliance with this section shall not be

recoverable from the customers of the electric utility. If the

electric utility does not receive a bid for firm transportation as a

result of its competitive solicitation, the electric utility shall

be considered compliant with the requirements of this section

provided that the Commission determines that the competitive

solicitation is for a firm contract for transport of natural gas

which could be reasonably provided by an available pipeline.
Okla. Stat. tit. 17, § 17-73 — OK Code / Title 17 / Section 17-73
Right of appeal
Status: in_force

From any action of the Commission prescribing rates and charges

for the transportation of passengers between points within this

state, any party aggrieved may appeal to the Supreme Court in the

manner now provided by law for appealing cases from the Corporation

Commission to the Supreme Court.
Okla. Stat. tit. 17, § 17-253 — OK Code / Title 17 / Section 17-253
Rules for considering adjustment applications
Status: in_force

A. No proposed monthly fuel adjustment, purchased power

adjustment or purchased gas adjustment shall become effective until

after the Corporation Commission has had an opportunity to determine

that the adjustment is calculated in accordance with the terms and

conditions of the applicable fuel adjustment clause.

Oklahoma Statutes - Title 17. Corporation Commission Page 187

B. The Commission shall promulgate rules requiring each company

as a necessary part of the monthly filing with the Commission and

condition to consideration of any adjustment application to submit

the following information:

1. A statement by each company subject to a fuel adjustment

clause of the items and costs making up the average cost of fuel per

million BTU and associated costs in dollars and cents or fraction

thereof;

2. A summary of its fuel and gas purchase invoices and its

computations of the proposed monthly fuel adjustment or purchased

gas adjustment charges;

3. A summary of inventory records of fuel and gas going into

and taken out of stockpile or storage;

4. A report containing the average unit price, the change in

the average unit price, the volume purchased and a brief explanation

of such unit cost increase; and

5. Any other records deemed necessary by the Commission

including, but not limited to, the heat rate efficiency and delivery

efficiency for affected electric public utilities and the actual

capacity factor for each generating facility utilized to produce

electric power.

The records and computations filed shall be open to public

inspection at the office of the Commission.

C. The Commission shall have five (5) business days after the

records and computations prescribed in subsection B of this section

have been filed to determine the necessity of an administrative

proceeding thereon. If the Commission does not determine that a

hearing is required, the proposed adjustment charge shall become

effective as filed. In the event the Commission decides to hold a

hearing on the information filed, it shall notify the public utility

within such five-day period, set the matter for a public hearing to

commence within thirty (30) business days thereafter, and give

notice thereof at least three (3) days prior to the commencement of

such hearing by publication in a newspaper of general circulation in

the area served by such company. The issue to be determined at such

hearing shall be either or both of the following determinations:

1. Whether charges or credits made under the fuel adjustment

clauses are based upon the actual prices paid for fuel, purchased

gas or purchased power and are properly computed in accordance with

the applicable adjustment clause; or

2. Whether the fuel adjustment clauses should be discontinued,

amended or suspended. In the event that the Commission determines

that it is necessary to set any proposed adjustment charge for

hearing, the proposed charge shall nevertheless become effective at

the option of the utility following the expiration of the five-day

period after its records and computations have been filed, pending

the Commission's finding with respect to such charges. However, in

Oklahoma Statutes - Title 17. Corporation Commission Page 188

the discretion of the Commission, the effectiveness of the proposed

charge may be conditioned upon the filing by the utility with the

Commission of an assurance satisfactory to the Commission, which may

include a bond with surety, of the utility's ability and willingness

to refund to its customers any such amounts as the utility may

collect from them in excess of the charge approved by the Commission

in its finding. If the Commission has not approved, in whole or in

part, or denied the proposed charge within a seven-day period

subsequent to the commencement of such hearing, the Commission shall

promptly submit a written explanation of the Commission's failure to

do so to the President Pro Tempore of the Senate, the Speaker of the

House of Representatives and the office of the Governor.
Okla. Stat. tit. 17, § 17-40.2 — OK Code / Title 17 / Section 17-40.2
Electronic signatures
Status: in_force

A. In the event any provision of the Oklahoma Statutes requires

a signature of the Commission Chair or Vice Chair, a Corporation

Commissioner, the Commission Secretary or a Commission Assistant

Secretary, an electronic signature of a Corporation Commissioner

shall satisfy such statute to certify or attest to:

1. Corporation Commission record;

2. A record kept by the Corporation Commission Court Clerk;

Oklahoma Statutes - Title 17. Corporation Commission Page 23

3. A records search of Corporation Commission records having

been conducted and the results of such search; or

4. The completion of an appellate record.

B. In the event any provision of the Oklahoma Statutes requires

notice by the Corporation Commission, electronic signatures of the

Corporation Commissioners, the Commission Secretary, or a Commission

Assistant Secretary satisfy the law, and an electronic image of the

Corporation Commission's seal may be used in place of an imprinted

seal.

C. In the event any provision of the Oklahoma Statues requires

a citation to be issued by the Commission Secretary, the electronic

signature of the Commission Secretary or a Commission Assistant

Secretary satisfies the requirements of such statute.

D. An electronic signature of a Corporation Commissioner may be

affixed to a Commission order by the Commission Secretary or a

Commission Assistant Secretary upon written authority granted by the

Commissioner, and an electronic image of the Corporation

Commission's seal may be used in place of an imprinted seal.
Okla. Stat. tit. 17, § 17-139.105 — OK Code / Title 17 / Section 17-139.105
Credit of End User Common Line Charge for qualifying
Status: in_force

customers - Oklahoma Lifeline Fund - Documentation.

A. Each local exchange telecommunications service provider who

receives funding from the Oklahoma Lifeline Fund shall file tariffs

with the Corporation Commission implementing a program to provide a

full waiver of the End User Common Line Charge on the monthly basic

service rate of qualifying customers. Eligibility criteria for this

program shall comply with the provisions of 47 C.F.R., Section

69.104(k)(1) and shall be limited to customers who:

1. Are eligible for or receive assistance or benefits, as

certified by the Department of Human Services, under programs

providing:

a. Temporary Assistance to Needy Families,

b. Food Stamps,

c. Medical Assistance, or

d. Supplemental Security Income;

Oklahoma Statutes - Title 17. Corporation Commission Page 60

2. Are eligible for or receive assistance or benefits, as

certified by the State Department of Rehabilitation Services, under

programs providing vocational rehabilitation, including, but not

limited to, aid to the deaf or hard-of-hearing; or

3. Are eligible for or receive assistance or benefits, as

certified by the Oklahoma Tax Commission, pursuant to the Sales Tax

Relief Act.

B. There is hereby created within the Corporation Commission

the "Oklahoma Lifeline Fund". The Commission shall administer and

maintain the Oklahoma Lifeline Fund to help ensure that low-income

Oklahomans are provided financial assistance in maintaining basic

local exchange telecommunications service. Proceeds from the

Oklahoma Lifeline Fund shall be distributed to all local exchange

telecommunications service providers who are required to file

lifeline tariffs.

C. The Oklahoma Lifeline Fund charges shall be levied,

collected, and administered pursuant to Section 139.107 of this

title. Telecommunications carriers may, at their option, recover

from their retail customers who are not eligible for lifeline

assistance, on an equitable basis, the amount of the lifeline

charges paid by the carrier. The Oklahoma Lifeline Fund charges

shall not be subject to state or local taxes or franchise fees.

D. An eligible telecommunications carrier may not receive

reimbursements from the Oklahoma Lifeline Fund unless it

demonstrates that its rates have been reduced by an amount equal to

the amount of the Lifeline payments which have been previously

included in the rate structure of the carrier. A carrier shall be

eligible for support from the Oklahoma Lifeline Fund for any amount

which is greater than the amount which has been previously included

in the rate structure of the carrier.

E. After May 16, 2013, an eligible telecommunications carrier

shall not receive reimbursements from the Oklahoma Lifeline Fund

until it provides documentation in the approved format to the

Director of the Public Utility Division of the Corporation

Commission confirming its compliance with federal and state

guidelines and rules and establishes an ongoing process for

providing documentation in the approved format to the Director of

the Public Utility Division of the Corporation Commission

demonstrating that the eligible telecommunications carrier:

1. Is collecting and maintaining reliable records regarding the

verification of initial and continued eligibility for Lifeline

services; and

2. Is in compliance with the Corporation Commission and Federal

Communications Commission rules and regulations for Lifeline

services.

F. In order to satisfy the provisions of paragraph 1 of

subsection E of this section, an eligible telecommunications carrier

Oklahoma Statutes - Title 17. Corporation Commission Page 61

shall obtain in writing the following information from the customer

seeking Lifeline service:

1. The customer's name;

2. The last four digits of the customer's social security

number or tribal identification number if the customer does not have

a social security number;

3. The customer's date of birth; and

4. The customer's billing address.

G. Additionally, an eligible telecommunications carrier seeking

reimbursement from the Oklahoma Universal Service Fund for the

provisioning of Lifeline service must obtain a certified statement

in writing from the customer at the time Lifeline services are

initially requested and on an annual basis thereafter that:

1. The customer seeking Lifeline services participates in one

of the programs listed in subsection A of this section;

2. The telephone service location to which the certification

applies is the customer's primary residential service address rather

than a second home or business;

3. If in the future the customer no longer participates in or

qualifies for at least one of the programs listed in subsection A of

this section, the customer will notify the eligible

telecommunications carrier within thirty (30) days;

4. The telephone service which is being requested is listed in

the customer's legal name;

5. The customer is eighteen (18) years of age or older and is

not claimed as a dependent on another person's tax return; and

6. The customer's residence will only receive one Lifeline

service benefit and, to the best of the customer's knowledge, is not

already receiving Lifeline service.

H. If the customer seeking Lifeline service does not have a

primary residential address, the eligible telecommunications carrier

seeking reimbursement from the Oklahoma Universal Service Fund for

the provision of Lifeline service must obtain a certified statement

in writing from the customer that the address provided is temporary

and that the customer will recertify his or her temporary address

every ninety (90) days.

I. In order to obtain reimbursement from the Oklahoma Universal

Service Fund, the eligible telecommunications carrier must also

obtain a certified statement in writing from the customer, at the

time Lifeline services are initially requested and on an annual

basis thereafter, that the customer has read, understands and

acknowledges the following:

1. The eligible telecommunications carrier or its duly

appointed representative has authorization to access any records

required to verify the statements made by the customer in order to

confirm continued participation in any of the programs listed in

subsection A of this section, and authorizes representatives of

Oklahoma Statutes - Title 17. Corporation Commission Page 62

those programs to discuss with and/or provide copies to the eligible

telecommunications carrier or its duly appointed representative to

verify the customer's eligibility for and participation in any of

the programs listed in subsection A of this section; and

2. The eligible telecommunications carrier is authorized to

transmit to any governmental entity or its designee handling a

Lifeline accountability database the customer's full name, full

residential address, date of birth, and the last four digits of the

customer's social security number or tribal identification number if

the customer does not have a social security number, the telephone

number associated with the Lifeline service provided, the date on

which Lifeline service will or has begun, the date on which the

Lifeline service ends, the amount of support sought by the company

and the means through which one qualifies for program benefits. The

customer must also acknowledge that transmission of this information

is required to ensure the proper administration of the Lifeline

program and that if the customer refuses to have this information

transmitted to the administrator, he or she will be denied Lifeline

service; and

3. The eligible telecommunications carrier seeking

reimbursement from the Oklahoma Universal Service Fund for the

provisioning of Lifeline services shall also note on the certified

written statement obtained from the customer the name of the

employee or representative who verified the customer's eligibility

for Lifeline service and the type of documentation reviewed.

I. The Corporation Commission is authorized to promulgate rules

necessary to implement the provisions of this section, including the

establishment of fines of up to Ten Thousand Dollars ($10,000.00)

per day per violation. A telecommunications carrier may be fined by

the Corporation Commission for marketing practices determined by an

administrative law judge to be in violation of the Corporation

Commission's rules and noncompliance with other provisions of the

Oklahoma Lifeline Fund program rules, as the Corporation Commission

may deem proper after notice and opportunity for hearing.

J. The amount reimbursed from the Oklahoma Lifeline Fund for

the provision of Lifeline service shall not exceed two cents ($0.02)

per month per Lifeline subscriber.
Okla. Stat. tit. 17, § 17-160.15 — OK Code / Title 17 / Section 17-160.15
Required filing - Evidence of financial security
Status: in_force

A. The owner of a wind energy facility shall submit to the

Corporation Commission evidence of financial security to cover the

anticipated costs of decommissioning the wind energy facility. For

a wind energy facility or portion thereof which reaches the

commercial generation date prior to December 31, 2016, the evidence

of financial security shall be submitted after the fifteenth year of

operation of the facility. For a wind energy facility or portion

thereof which reaches the commercial generation date on or after

December 31, 2016, the evidence of financial security shall be

submitted by the fifth year of operation of the facility. Evidence

of financial security may be in the form of a surety bond,

collateral bond, parent guaranty, cash, cashier's check, certificate

of deposit, bank joint custody receipt or other approved negotiable

instrument as established in rules promulgated by the Commission.

B. 1. For a wind energy facility which reaches the commercial

generation date prior to December 31, 2016, the evidence of

financial security shall be accompanied by an estimate of the total

cost of decommissioning, minus the salvage value of the equipment,

prepared by a professional engineer licensed in this state. The

amount of the evidence of financial security shall be either:

a. the estimate of the total cost of decommissioning

minus the salvage value of the equipment which shall

be submitted to the Commission in the fifteenth year

of the project and every tenth year thereafter for the

life of the wind energy facility, or

Oklahoma Statutes - Title 17. Corporation Commission Page 127

b. one hundred twenty-five percent (125%) of the estimate

of the total cost of decommissioning which shall be

submitted to the Commission in the fifteenth year of

the project.

2. For a wind energy facility which reaches the commercial

generation date on or after December 31, 2016, the evidence of

financial security shall be accompanied by an estimate of the total

cost of decommissioning and an estimate of the salvage value of the

equipment prepared by a professional engineer licensed in this

state. The amount of the evidence of financial security shall be

one hundred twenty-five percent (125%) of the estimate of the total

cost of decommissioning, minus the salvage value of the equipment,

which shall be submitted to the Commission by the fifth year after

reaching the commercial generation date and thereafter upon request

by the Commission.

C. If the owner of a wind energy facility fails to submit the

information with the Commission as is required by this section, the

owner shall be subject to an administrative penalty not to exceed

One Thousand Five Hundred Dollars ($1,500.00) per day.

D. In the event of a transfer of ownership of a wind energy

facility, the evidence of financial security posted by the

transferor shall remain in place and shall not be released until

such time as evidence of financial security meeting the requirements

of this section is posted by the new owner of the wind energy

facility and deemed acceptable by the Commission.

E. The provisions of this section shall apply to any wind

energy facility or portion thereof entering into or renewing a power

purchase agreement (PPA) for the energy generated by the wind energy

facility on or after January 1, 2011. If a wind energy facility

does not sell its energy under a power purchase agreement, the

provisions of this section shall apply to the wind energy facility

or portion thereof which construction commences on or after January

1, 2011.
Okla. Stat. tit. 17, § 17-346.1 — OK Code / Title 17 / Section 17-346.1
Duty to inspect measuring devices
Status: in_force

It shall be the duty of the Corporation Commission Petroleum

Storage Tank Division to inspect all measuring devices in this state

for the purpose of determining whether or not such measuring devices

comply with the tests, standards, specifications and rules of the

Commission promulgated under authority of this act; and it shall be

the further duty of the Commission whenever it finds a measuring

device which does not meet or comply with the tests, standards,

specifications or rules to immediately report the facts and

circumstances and place a seal or label on the measuring device,

stating that the measuring device does not meet or comply with the

required tests, standards, specifications or rules, and immediately

to seal and lock the measuring device; provided, that the owner or

operator thereof shall have the right to make application to the

Commission for an order removing the sign, label, lock or seal,

which application shall be heard by the Commission without

unnecessary delay, and no notice of hearing shall be required.
Okla. Stat. tit. 17, § 17-191.9 — OK Code / Title 17 / Section 17-191.9
Powers of Corporation Commission - Expenses of
Status: in_force

conducting analysis or investigation.

The Corporation Commission shall have power to perform any and

all acts, and to prescribe, issue, make, amend and rescind such

orders, rules, and regulations as it may find necessary or

appropriate to carry out the provisions of this act. The expense of

conducting an analysis or investigation by the Commission of the

information required to be filed under Section 3 of this act shall

be paid by the acquiring party within fifteen (15) days of the

public hearing required by Section 5 of this act. Expenses of

conducting the analysis or investigation may include, but not be

limited to, the cost of acquiring expert witnesses, consultants and

analytical services.
Okla. Stat. tit. 17, § 17-601 — OK Code / Title 17 / Section 17-601
Renumbered as § 130.1 of Title 74 by Laws 1991, c. 235, §
Status: in_force

23, eff. July 1, 1991.
Okla. Stat. tit. 17, § 17-32 — OK Code / Title 17 / Section 17-32
Director of Administration - Qualifications - Duties
Status: in_force

A. The Corporation Commission shall employ one (1) Director of

Administration. Said position shall be in the unclassified service.

B. The Director of Administration shall be required to hold at

least a bachelor's degree in marketing, business administration,

accounting, personnel management, public administration, counseling,

political science, related fields or experience equivalent thereto,

or shall hold a juris doctorate degree, and shall have experience in

a supervisory capacity in administrative or personnel management

work.

C. The Director of Administration shall perform duties as

directed by the Commission.

D. The Director of Administration shall not be an owner,

stockholder, employee or officer of, nor have any other business

relationship with or receive compensation from, any corporation,

partnership, or other business or entity which is subject to

regulation by the Commission.
Okla. Stat. tit. 17, § 17-167 — OK Code / Title 17 / Section 17-167
Certificate of record showing as to oil and gas leases -
Status: in_force

Filing.

Any person, firm or corporation desiring to ascertain such facts

may make application in writing to the Corporation Commission of the

State of Oklahoma for a certificate setting forth what the records

of the Corporation Commission, returned and compiled under its

lawfully issued rules and regulations, disclose with reference to

notices to drill, plug and abandon oil and gas well or wells and the

production therefrom, if any, on the tract or tracts of land or

lands covered by such application. Such application must be

accompanied by a fee of Ten Dollars ($10.00) to be paid to the Oil

and Gas Conservation Division to be deposited in the Oil and Gas

Revolving Fund. It shall be the duty of the Commission to mail to

the address given in the application a certificate setting forth the

information and date requested in such application, which

certificate shall be signed by the chairman or vice-chairman of the

Commission and attested to by its secretary. Any such certificates

may be filed for record in the county in which the tract or tracts

of land is located, and the county clerk shall properly endorse such

instruments under the lands affected as certificates of the

Corporation Commission.
Okla. Stat. tit. 17, § 17-139.202 — OK Code / Title 17 / Section 17-139.202
Renumbered as § 9203 of Title 74 by Laws 2022, c. 229,
Status: in_force

§ 13, emerg. eff. May 6, 2022.
Okla. Stat. tit. 17, § 17-514 — OK Code / Title 17 / Section 17-514
Taxation of unit production or sale proceeds
Status: in_force

Neither the unit production nor proceeds from the sale thereof

shall be treated, regarded or taxed as income or profits to the

unit. Instead, such receipts shall be the income of the several

persons to whom same are payable under the plan of unitization. To

the extent the unit may receive or disburse any receipts it shall

only do so as a common administrative agent of the persons to whom

the same are payable.
Okla. Stat. tit. 17, § 17-158.50 — OK Code / Title 17 / Section 17-158.50
Definitions
Status: in_force

1. "Acquiring party" means a person and all affiliates thereof

by whom or on whose behalf an acquisition of control referred to in

Section 158.51 of this title is to be effected;

2. "Affiliate" means a person who directly, or indirectly

through one or more intermediaries, controls, or is controlled by or

is under common control with the person specified including any

corporation created at the direction of the person specified for

purposes of corporate reorganization;

3. "Commission" means the Oklahoma Corporation Commission;

4. "Control" (including the terms "controlling", "controlled

by", and "under common control with") means the possession, direct

or indirect, of the power to direct or cause the direction of the

management and policies of a person, whether through the ownership,

by contract, purchase of assets, or otherwise, unless such power is

the result of an official position with, or corporate office held

in, such person. Control shall be presumed to exist if any person,

directly or indirectly, owns or controls the assets of such rural

electric cooperative. This presumption may be rebutted by showing

that control does not exist in fact. The Commission may determine,

after furnishing all persons in interest notice and opportunity to

be heard and making specific findings of fact to support such

determination, that control exists in fact, notwithstanding the

absence of a presumption to that effect;

Oklahoma Statutes - Title 17. Corporation Commission Page 106

5. "Domestic public utility" means a person doing business in

the state, including any other person controlling such a domestic

public utility, any substantial portion of the revenues of which,

either directly or indirectly, are derived from the business of

providing utility service in this state, except that such term does

not include agencies, authorities or instrumentalities of the United

States or a state or political subdivision of a state;

6. "Person" means an individual, a corporation, a partnership,

an association, a joint stock company, a trust, an unincorporated

organization, any similar entity or any combination of the foregoing

acting in concert, but shall not include any securities broker

performing no more than the usual and customary broker's function;

7. "Rural electric cooperative" means a person doing business

in the state, pursuant to Section 437.1 et seq. of Title 18 of the

Oklahoma Statutes;

8. "Utility service" means the distribution, delivery or

furnishing of electric current for sale to the public for light,

heat or power, provided that such term shall not include entities as

described by the provisions of paragraph 2 of subsection B of

Section 151 of this title;

9. "Assets" in the case of a rural electric cooperative means

the physical plant, equipment, accounts receivable, accounts

payable, capital credits and all other assets of such rural electric

cooperative.
Okla. Stat. tit. 17, § 17-190.7 — OK Code / Title 17 / Section 17-190.7
Furnishing of retail electric service to facilities
Status: in_force

currently being served - Extension of distribution service by

municipalities - Prohibitions.

A. Electric distribution providers governed by the Retail

Electric Supplier Certified Territory Act, Section 158.21 et seq. of

this title or municipal corporations or beneficial trusts thereof

owning or operating a retail electric distribution system or the

Grand River Dam Authority shall not furnish retail electric service

to an electric consuming facility which is currently being served,

or which was being served and the permanent electric facilities are

in place to render such service, by a municipal corporation or

beneficial trust thereof, a rural electric cooperative or an

investor-owned electric utility or the Grand River Dam Authority

until enactment of electric restructuring enabling legislation and

the implementation of consumer choice of retail electric energy

suppliers unless the entities involved have agreed by mutual

consent, in writing, to such transaction. For the purpose of this

section, "electric distribution providers" shall mean the same as

"retail electric service distributors" as defined by Section 190.3

of this title.

B. Any municipal corporation or beneficial trust thereof

offering retail electric distribution service from a municipally or

trust-owned electric distribution system that decides not to

participate in the provisions of this act as outlined in Section

190.3 of this title shall be prohibited from extending a retail

electric distribution primary feeder system beyond its corporate

limits with the exception that it may continue to offer retail

electric distribution service through the addition of secondary

service drops from the primary feeder system it owned outside the

Oklahoma Statutes - Title 17. Corporation Commission Page 169

corporate limits of such municipality on April 25, 1997. Provided,

however, nothing contained in this section shall be construed to

prohibit system maintenance, repairs or upgrades to such primary

distribution feeder system outside the corporate limits except that

secondary service drops shall not be upgraded to primary

distribution lines.
Okla. Stat. tit. 17, § 17-84 — OK Code / Title 17 / Section 17-84
Location and kind of crossing
Status: in_force

The Corporation Commission shall have exclusive jurisdiction to

determine and prescribe the particular location of highway

crossings, for steam or electric railways, the protection required,

to order the removal of all obstructions as to view of such

crossings, to alter or abolish any such crossings, and to require,

where practicable, a separation of grade at any such crossing,

heretofore or hereafter established.
Okla. Stat. tit. 17, § 17-327.4 — OK Code / Title 17 / Section 17-327.4
Confidential records, reports or information
Status: in_force

Upon a showing satisfactory to the Corporation Commission by any

person that records, reports or information, or a particular part

thereof, if made public, would divulge production or sales figures

or methods, processes or production unique to such person or would

otherwise tend to affect adversely the competitive position of such

person by revealing trade secrets, the Commission shall consider

such record, report or information, or particular portion thereof,

confidential.
Okla. Stat. tit. 17, § 17-158.52 — OK Code / Title 17 / Section 17-158.52
Statement - Contents - Oath or affirmation -
Status: in_force

Amendments.

A. The statement to be filed with the Corporation Commission as

required by Section 2 of this act shall be made under oath or

affirmation and shall contain the following information:

1. The name and address of each acquiring party and all

affiliates thereof; and

a. if such acquiring party is an individual, his

principal occupation and all offices and positions

held during the past five (5) years, and any

conviction of crimes other than minor traffic

violations during the past ten (10) years, or

b. if such acquiring party is not an individual, a

report of the nature of its business and its

affiliates' operations during the past five (5) years

or for such lesser period as such acquiring party and

any predecessors thereof shall have been in

existence; an informative description of the business

intended to be done by such acquiring party and its

subsidiaries; and a list of all individuals who are

or who have been selected to become directors or

officers of such acquiring party, or who perform or

will perform functions appropriate or similar to such

positions. Such list shall include for each such

individual the information required by subparagraph a

of paragraph 1 of this subsection;

2. The source, nature and amount of the consideration used or

to be used in effecting the acquisition of control, a detailed

description of any transaction wherein funds were or are to be

obtained for any such purpose, and the identity of persons

furnishing such consideration; provided, however, that where a

source of such consideration is a loan made in the lender's ordinary

course of business, the identity of the lender shall remain

confidential, if the person filing such statement so requests;

3. Audited financial information in a form acceptable to the

Commission as to the financial condition of an acquiring party for

the preceding three (3) fiscal years of each such acquiring party,

or for such lesser period as such acquiring party and any

predecessors thereof shall have been in existence, and similar

information as of a date not earlier than one hundred thirty-five

(135) days prior to the filing of the statement;

4. Any plans or proposals which an acquiring party may have to

liquidate such rural electric cooperative, to sell its assets or a

substantial part thereof, or merge or consolidate it with any

person, or to make any other material change in its investment

policy, business or corporate structure, or management. If any

change is contemplated in the investment policy, or business or

Oklahoma Statutes - Title 17. Corporation Commission Page 108

corporate structure, such contemplated changes and the rationale

therefor shall be explained in detail. If any changes in the

management of the rural electric cooperative are contemplated, the

acquiring party shall provide a resume of the qualifications and the

names and addresses of the individuals who have been selected or are

being considered to replace the then current management personnel of

the rural electric cooperative;

5. Copies of all offers for, exchange offers for, and

agreements to acquire or exchange any assets and, if distributed, of

additional soliciting material relating thereto;

6. Documentation from any and all mortgagors which hold a

mortgage on any plant or equipment of such rural electric

cooperative setting forth such mortgagors approval of such proposed

acquisition of control; and

7. Such additional information as the Commission may by rule

or regulation prescribe as necessary or appropriate for the

protection of ratepayers of the rural electric cooperative or in the

public interest.

B. If a person required to file the statement referred to in

Section 2 of this act is a partnership, limited partnership,

syndicate or other group, the Commission may require that the

information called for in paragraphs 1 through 7 of subsection A of

this section shall be given with respect to each partner of such

partnership or limited partnership, each member of such syndicate or

group and each person who controls such partner or member. If any

such partner, member, person or acquiring party is a corporation or

if a person required to file the statement referred to in Section 2

of this act is a corporation, the Commission may require that the

information called for by paragraphs 1 through 7 of subsection A of

this section be given with respect to such corporation, each officer

and director of such corporation.

C. If any material change occurs in the facts set forth in the

statement filed with the Commission and sent to such rural electric

cooperative pursuant to this act, an amendment setting forth such

change, together with copies of all documents and other material

relevant to such change, shall be filed with the Commission and sent

by the person filing the statement to the rural electric cooperative

within two (2) business days after such person learns of such

change.
Okla. Stat. tit. 17, § 17-158.43 — OK Code / Title 17 / Section 17-158.43
Affected area division procedure
Status: in_force

A. Notwithstanding any other provision of law to the contrary,

when as a result of annexation by a municipality, two or more retail

electric suppliers, excluding the Grand River Dam Authority but

including investor-owned utilities, rural electric cooperatives,

municipalities that provide electricity either directly or through a

trust, authority or other political entity and any other retail

supplier of electricity, have been authorized to serve consumers in

that annexed area, the area to be defined herein as the “affected

area”, the following procedure shall apply:

1. Any retail electric supplier authorized to serve consumers,

as described in subsection C of this section, in the affected area

which intends to negotiate a division of the affected area among the

affected retail electric suppliers shall notify all other retail

electric suppliers authorized to serve consumers in the same

affected area. Notification shall be performed by certified mail to

the chief executive officer of a privately owned retail electric

supplier, including investor-owned utilities and rural electric

Oklahoma Statutes - Title 17. Corporation Commission Page 101

cooperatives, or to the mayor of a municipality or chief executive

officer of any other governmental entity, and a copy of the

notification shall be transmitted simultaneously to the Corporation

Commission. All affected retail electric suppliers shall negotiate

in good faith to divide the affected area by mutual agreement,

consistent with the purposes of the Retail Electric Consumer Cost

Reduction, Safety and Service Efficiency Act as set out in Section 2

of this act. No retail electric supplier shall be required to

participate in negotiations for more than five affected areas at one

time. Any retail electric supplier that is engaged in, or has

received notice for, negotiations in five affected areas, may, upon

receipt of an additional notice or notices, advise the retail

electric supplier providing the additional notice or notices of that

fact, in which case the requirements of this subsection to negotiate

shall not begin until at least one of the previous negotiations is

completed or the parties are unable to agree after six (6) months of

negotiation;

2. Within six (6) months of the date of notification, the

affected retail electric suppliers may attempt to negotiate a

division of the affected area. Upon successful negotiation, the

affected retail electric suppliers shall execute a contract that

recites with specificity the precise division of the affected area.

An executed copy of the contract shall be filed with the Corporation

Commission by and for the investor-owned utility or the rural

electric cooperative. The Corporation Commission, within ninety

(90) days of receipt of an executed copy of the contract, shall

issue an order approving the division of the affected area as

specified in the contract for the investor-owned utility or the

rural electric cooperative unless the Corporation Commission

determines, after hearing, that the contract does not comply with

provisions of the Retail Electric Consumer Cost Reduction, Safety

and Service Efficiency Act or that it is not in the public interest.

There shall be a presumption that a contract that complies with

provisions of this act is in the public interest. If a municipal

electric supplier is a party to the contract dividing the affected

area, the contract shall be approved for the municipal electric

supplier by the governing body of the municipality that is providing

electricity either directly or through a trust, authority or other

political entity within ninety (90) days unless the governing body

of the municipality determines that the contract does not comply

with the provisions of the Retail Electric Consumer Cost Reduction,

Safety and Service Efficiency Act or that it is not in the public

interest. No contract executed under provisions of this act shall

become effective until the contract is approved by the Corporation

Commission for the investor-owned utility or the rural electric

cooperative and the governing body of the municipality in the case

of a municipal electric provider. Nothing in this act shall be

Oklahoma Statutes - Title 17. Corporation Commission Page 102

construed to authorize, create or imply any regulation of or

authority over any municipal electric provider by the Corporation

Commission for any purpose, whether or not an agreement under this

act is entered into by the municipal electric provider. To the

extent that a dispute arises after the execution and approval of an

agreement made pursuant to this act between an investor-owned

utility or a rural electric cooperative with a municipal electric

provider, then the Oklahoma district courts shall have exclusive

jurisdiction in the contract dispute;

3. The provisions of this paragraph shall not be applicable:

a. to a municipal electric provider, or

b. where one of the retail electric suppliers is a

municipal electric supplier and the municipal electric

supplier or any retail electric supplier are unable to

reach an agreement regarding the division of an

affected area, as defined in this act.

If the affected retail electric suppliers, excluding municipal

electric providers, are unable to agree to a division of the

affected area within the applicable six-month period, either retail

electric supplier shall have sixty (60) days in which to notify the

Corporation Commission of the inability of the retail electric

suppliers to negotiate a division of the affected area. Upon

receipt of the notice, the Corporation Commission shall, within six

(6) months, divide the affected area among the affected retail

electric suppliers based upon projected sales and other criteria so

that each affected retail electric supplier shall have, as nearly as

is reasonable, an approximately equal share of the projected

economic benefits associated with the extension of retail electric

service to new electric-consuming facilities in the affected area.

When dividing the affected area so as to achieve equal shares of the

future growth in projected economic benefit of providing retail

electric service in the affected area, the Corporation Commission

shall not consider the economic benefits associated with serving

retail electric customers existing prior to the order dividing the

affected area between retail electric suppliers. The Corporation

Commission shall consider economic projections provided by the

affected retail electric suppliers. The Corporation Commission may

choose to employ or contract with an independent consultant to

provide economic projections, in which case the reasonable, ordinary

and necessary costs of the consultant shall be borne equally by the

affected retail electric suppliers. In all cases, criteria upon

which the Corporation Commission makes its determination shall

include public safety, current and projected population, existing

electric service, current and anticipated municipal zoning,

potential customer revenue, quality of electric service, cost to

provide electric service, growth potential over a ten-year period,

conservation of natural resources and materials and efficient use of

Oklahoma Statutes - Title 17. Corporation Commission Page 103

public rights-of-way. After making its determination, the

Corporation Commission shall issue an order dividing the territory

among the affected retail electric suppliers. An order by the

Commission, dividing the affected area between the affected retail

electric suppliers, shall provide each retail electric supplier, as

nearly as is reasonable, an equal share of the future growth in

projected economic benefit of providing retail electric service in

the affected area. In no event, however, shall the Corporation

Commission issue an order that affects the right of a retail

electric supplier to continue serving existing customers in the

affected area that the retail electric supplier was serving prior to

the effective date of the Commission order except as otherwise

provided by law; and

4. During the time beginning when two or more retail electric

suppliers are authorized to serve consumers in an affected area and

ending when a contract is approved under this act, the affected

retail electric suppliers shall be entitled to continue to provide

and extend electric service to retail consumers within the affected

area. Nothing in this act shall be construed to affect the right of

a retail electric supplier to continue serving existing customers in

the affected area that the retail electric supplier was serving

prior to the effective date of approval by the Corporation

Commission.

B. Upon the approval by the Corporation Commission of an

agreement dividing an affected area as specified in the Retail

Electric Consumer Cost Reduction, Safety and Service Efficiency Act,

the governing body of a municipality may, at its sole discretion,

collect, by municipal ordinance, an annual municipal fee upon the

gross receipt from all retail sales of power, light, or electricity,

in the affected area of the municipality. An investor-owned utility

or rural electric cooperative that enters into a contract with

another retail electric supplier in an affected area, or that is

assigned territory by the Corporation Commission under subsection A

of this section, beginning thirty (30) days after the effective date

of the municipal ordinance, shall collect and remit to the

municipality in the affected area the municipal fee specified in the

municipal ordinance, upon the gross receipts from all retail sales

of power, light, or electricity, in the affected area of the

municipality. The municipal fee shall not exceed the cumulative

amount of any current or future municipal sales tax as applied to

each consumer plus the greater amount of any voter-approved

franchise fee or annual tax on gross receipts levied as a result of

a municipal ordinance enacted pursuant to Section 2601 of Title 68

of the Oklahoma Statutes less any current or future municipal sales

tax, franchise fee or gross receipts fee paid by the retail electric

service provider or its customers to the municipality. The

municipal fee amount shall be collected from the customers of the

Oklahoma Statutes - Title 17. Corporation Commission Page 104

retail electric supplier on the gross receipts from all retail sales

in the affected area within the municipal corporate limits and be

remitted by the retail electric supplier to the municipality in the

affected area.

C. Two or more retail electric suppliers shall be eligible to

initiate or participate in the negotiations provided by subsection A

of this section if, and only if, one of the following conditions is

met:

1. When a retail electric supplier has a franchise agreement

with a municipality, and the municipality annexes or has annexed

prior to the effective date of this act territory completely or

partially certified to one or more other retail electric suppliers

under the Retail Electric Supplier Certified Territory Act;

2. When a municipality or beneficial trust or authority thereof

provides retail electric distribution service from a municipally

owned or trust- or authority-owned electric distribution system, and

the municipality annexes or has annexed prior to the effective date

of this act territory completely or partially certified to one or

more other retail electric suppliers under the Retail Electric

Supplier Certified Territory Act;

3. When two or more retail electric suppliers are, upon the

effective date of this act, lawfully providing retail electric

service in an area that is not included within any other certified

territory of a retail electric supplier, as defined in the Retail

Electric Supplier Certified Territory Act; or

4. When by virtue of annexation by a municipality two or more

retail electric suppliers are authorized by franchise, state statute

or court order to provide retail electric service in such annexed

area.
Okla. Stat. tit. 17, § 17-82 — OK Code / Title 17 / Section 17-82
Expense of crossings
Status: in_force

The expense of construction and the maintenance of public

highway grade crossings shall be borne by the railroad or railway

company involved. For overgrade or undergrade public highway

crossings over or under steam or electric railroad or railway, the

assignment of cost and maintenance shall be left to the discretion

of the Corporation Commission; but in no event shall the city, town

or municipality be assessed with more than fifty percent (50%) of

the actual costs of such overgrade or undergrade crossings.
Okla. Stat. tit. 17, § 17-159.12 — OK Code / Title 17 / Section 17-159.12
Certificate of convenience and necessity required for
Status: in_force

water transportation lines.

(a) It shall be unlawful for any person to construct, build or

equip any water transportation line to serve the public as a common

carrier of water without having first obtained from the Corporation

Commission of the State of Oklahoma a certificate that the present

public convenience and necessity require the operation of such

business.

(b) The Commission shall not grant a certificate for the

proposed water transportation line which will be in competition with

or duplication of any other line serving as a common carrier of

water unless it shall first determine that the existing common

carrier facilities are inadequate to meet the reasonable needs of

the public, or that the person operating the same in unable or

refuses or neglects, after hearing on reasonable notice, to provide

reasonably adequate service.
Okla. Stat. tit. 17, § 17-260 — OK Code / Title 17 / Section 17-260
Disclosure of per unit rate in consumer's bill
Status: in_force

Oklahoma Statutes - Title 17. Corporation Commission Page 191

Each electric distribution cooperative applying a purchased

power adjustment charge in its bills shall separately disclose the

per unit rate of the purchased power adjustment charge. Upon

request by any individual consumer, such cooperative shall also

disclose for the month for which the request is received:

1. The dollars and cents of the purchased power adjustment

charge; and

2. The base cost of purchased power included in the retail

rate.
Okla. Stat. tit. 17, § 17-263 — OK Code / Title 17 / Section 17-263
Periodic detailed rate investigations
Status: in_force

A. In order to assure that the rates charged to their customers

by public utilities and electric distribution cooperatives which

utilize fuel adjustment clauses or purchased power adjustment

clauses are just and reasonable, the Commission shall periodically

conduct detailed rate investigations of such utilities and

cooperatives.

The provisions of this subsection shall not prohibit or

otherwise restrict the authority of the Corporation Commission to

conduct, whenever necessary, an investigation or review of any such

utility or electric distribution cooperative. In addition, this

section shall not limit or restrict such utility from requesting and

receiving a rate review upon proper application to the Commission.

B. Such investigations shall include public hearings. In such

rate investigations or proceedings, income, expenses and investments

of affiliated persons, subsidiaries, firms or corporations and

emergency and off-system sales of electricity or gas shall be given

Oklahoma Statutes - Title 17. Corporation Commission Page 192

appropriate consideration by the Commission in determining the

financial requirements of the utility or cooperative.

C. However, nothing in this section shall be interpreted to

require any public utility or electric cooperative to submit itself

to the authority of the Commission for ratemaking purposes if it is

not so required by other statutory or constitutional provisions.
Okla. Stat. tit. 17, § 17-4 — OK Code / Title 17 / Section 17-4
Suspension bond
Status: in_force

If the order violated for which such fine or judgment is imposed

shall have been an order promulgating or fixing rates, to be charged

by public service corporations, persons or firms, it shall be

necessary in appealing from such fine or judgment for the defendant

to give a suspending bond, executed and filed with and approved by

the Commission, payable to the state, and sufficient in amount and

security to insure the prompt refunding by the appealing

corporation, person or firm, to the parties entitled thereto, of all

charges which such company may collect or receive, pending the

appeal, in excess of those fixed or authorized by the order of the

Commission violated or disregarded by such corporation, person or

firm. Such bond shall be conditioned to require such corporation,

person or firm to keep such accounts and to make to the Commission

from time to time such report, verified by oath, as may in the

judgment of the Commission suffice to show the amount being charged

or received by the company pending the appeal, in excess of the

charge prescribed by the Commission in the order violated, together

with the names and addresses of persons to whom such overcharges

will be refunded in case the charges made by the company pending the

appeal be not sustained on the final judgment, and the commission

Oklahoma Statutes - Title 17. Corporation Commission Page 12

may at any time require such corporation, person or firm to give

additional security or to increase the suspending bond when the same

may appear to the Commission to be necessary to insure the prompt

refunding of the overcharges aforesaid. Upon the final judgment, if

the order violated is sustained in the Supreme Court, the Commission

shall distribute such overcharges to the persons to whom the same

are due, as provided in Section twenty-one, Article nine, of the

Constitution: Provided, that if the order violated is one fixing or

establishing rates and the corporation, person or firm shall obey

such order and carry its provisions into effect pending such appeal,

the last above-mentioned bond shall not be required.
Okla. Stat. tit. 17, § 17-1 — OK Code / Title 17 / Section 17-1
Violating rules, orders or other requirements of Commission
Status: in_force

- Switching service provider without consent of customer - Fines.

A. 1. Upon a determination by the Corporation Commission of

violation of any of its rules, orders or other requirements, a

corporation, person or firm may be fined by the Commission, a sum

not to exceed Five Hundred Dollars ($500.00), as the Commission may

deem proper. Each day's continuance of such violation, after due

service upon such corporation, person or firm, of the order or

requirement of the Commission shall be a separate offense.

2. If the operation of such order or requirement is suspended,

pending an appeal, the period of such suspension shall not be

computed against the corporation, person or firm, with regard to its

liability for fines and penalties.

B. Any corporation, person or firm that switches the local or

long distance telephone, electrical energy, or natural gas service

provider of a customer without the consent of the customer may be

fined by the Commission a sum not to exceed Ten Thousand Dollars

($10,000.00) per occurrence, as the Commission may deem proper after

notice and opportunity for hearing.

R.L. 1910, § 1192. Amended by Laws 1998, c. 48, § 1, eff. Nov. 1,

1998; Laws 2000, c. 178, § 1, eff. Nov. 1, 2000.
Okla. Stat. tit. 17, § 17-801.6 — OK Code / Title 17 / Section 17-801.6
Utilization of energy efficiency and demand side
Status: in_force

management measures to meet renewable energy standard.

Energy efficiency and demand side management are important

components to maximizing the energy resources of our state.

Therefore, every electricity generating entity in Oklahoma may use

energy efficiency and demand side management measures to assist the

state in meeting its renewable energy standard. Provided, however,

that demand side management may not be used to meet more than

twenty-five percent (25%) of the overall fifteen percent (15%)

renewable energy standard for the state. Energy conservation

measures shall be described and quantified to the Corporation

Commission on March 1 annually. The Commission shall make the final

determination of the amount of generation capacity the electricity

Oklahoma Statutes - Title 17. Corporation Commission Page 298

generating entity conserved and determine to what degree that will

count toward meeting the renewable energy standard for the state.
Okla. Stat. tit. 17, § 17-327.2 — OK Code / Title 17 / Section 17-327.2
Duty to precollect assessment – Collection report
Status: in_force

A. It shall be the duty of every supplier, licensed importer or

any other appropriate person under this act to precollect and remit

any assessment so precollected pursuant to the provisions of this

act and Section 327.1 of this title and make and submit an

assessment collection report as required by this section.

B. 1. The assessment imposed pursuant to the provision of

Section 327.1 of this title shall be collected and remitted to the

Oklahoma Tax Commission at the same time and in the same manner as

Oklahoma Statutes - Title 17. Corporation Commission Page 245

provided by law for the collection and remission of tax levies upon

the sale of gasoline within this state. The basis for computation

of the amount due shall be one hundred percent (100%) of the net

gallonage reported to the Tax Commission for assessment.

2. Each supplier, licensed importer or other appropriate person

shall make and submit for each calendar month that the assessment is

imposed an itemized and verified assessment collection report

showing:

a. the name of the supplier, licensed importer or other

appropriate person collecting the assessment,

b. the total amount of motor fuel, diesel fuel and

blending materials sold during the preceding month,

c. the total amount of assessments collected by the

supplier, licensed importer or other appropriate

person during the preceding month, and

d. such further information the Tax Commission may

require to enable it to compute correctly and collect

the assessment made pursuant to this act.

The reports shall be filed at the same time and in like manner

as required for gasoline tax reports pursuant to this act.

C. Every supplier, licensed importer or other appropriate

person shall keep and preserve suitable records of the gross sales

of motor fuel, diesel fuel and blending materials, the assessment

collected and such other pertinent records and documents which may

be necessary to determine the amount of assessment due as will

substantiate and prove the accuracy of the reports. All the records

shall be preserved for a period of three (3) years, unless the Tax

Commission, in writing, has authorized their destruction or disposal

at an earlier date. The records shall be open for examination by

employees of the Tax Commission, the Corporation Commission or the

Oklahoma Department of Transportation in the performance of their

duties pursuant to law.

D. Any supplier, licensed importer or other appropriate person

who fails to comply with any provisions of this section shall pay a

penalty imposed by the Tax Commission. Any monies collected for

payment of the penalty shall be deposited in the same manner as the

assessments pursuant to the provisions of subsection B of this

section. The penalty shall be equal to ten percent (10%) of the

gross amount of the assessments received by the supplier, licensed

importer or other appropriate person for the report period that the

supplier, licensed importer or other appropriate person failed to

timely mail the required report or remit any monies collected

pursuant to the provisions of this act.

E. The Tax Commission shall keep a separate accounting of all

the monies received pursuant to this section and together with any

interests and penalties thereon shall deposit such monies monthly as

provided in subsection B of this section.

Oklahoma Statutes - Title 17. Corporation Commission Page 246
Okla. Stat. tit. 17, § 17-341.3 — OK Code / Title 17 / Section 17-341.3
Severability
Status: in_force

If any section, paragraph, sentence, or phrase of Section 301 et

seq. of this title shall be declared unconstitutional or void, for

any reason, by any court of final jurisdiction, such decision shall

not in any way invalidate or affect any other section, paragraph,

sentence, or phrase of this act, but the same shall continue in full

force and effect.

Oklahoma Statutes - Title 17. Corporation Commission Page 262
Okla. Stat. tit. 17, § 17-518 — OK Code / Title 17 / Section 17-518
Compliance by operator with rules - Evidence of financial
Status: in_force

ability - Neglect, failure or refusal to plug and abandon or replug

well, etc. - Forfeiture or payment - Transfer of title.

A. Any person who drills or operates any well or unit for the

exploration, development or production of oil or brine, or as an

injection or disposal well, within this state, shall furnish in

writing, on forms approved by the Corporation Commission, his or her

agreement to drill, operate and plug wells in compliance with the

rules of the Commission and the laws of this state, together with

evidence of financial ability to comply with the requirements for

plugging, closure of surface impoundments, removal of trash and

equipment as established by the rules of the Commission and by law.

B. To establish evidence of financial ability, the Commission

shall require an irrevocable commercial letter of credit, cash, a

cashier's check, a certificate of deposit, bank joint custody

receipt, other negotiable instrument or a blanket surety bond. The

amount of such letter of credit, cash, cashier's check, certificate,

bond, receipt or other negotiable instrument shall be in the amount

of Twenty-five Thousand Dollars ($25,000.00) per well. If an

operator operates more than four wells subject to this requirement,

the operator may file appropriate evidence of financial ability in a

blanket amount of One Hundred Thousand Dollars ($100,000.00). Any

Oklahoma Statutes - Title 17. Corporation Commission Page 283

instrument shall constitute an unconditional promise to pay and be

in a form negotiable by the Commission.

C. The agreement provided for in subsection A of this section

shall provide that if the Commission determines that the person

furnishing the agreement has neglected, failed or refused to plug

and abandon, or cause to be plugged and abandoned, or replug any

well or has neglected, failed or refused to close any surface

impoundment or removed or cause to be removed trash and equipment in

compliance with the rules of the Commission, then the person shall

forfeit from his or her bond, letter of credit or negotiable

instrument or shall pay to this state, through the Commission, for

deposit in the State Treasury, a sum equal to the cost of plugging

the well, closure of any surface impoundment or removal of trash and

equipment. The Commission may cause the remedial work to be done,

issuing a warrant in payment of the cost thereof drawn against the

monies accruing in the State Treasury from the forfeiture or

payment. In the event that a well on the Commission's orphaned

wells list has measurable methane, pursuant to the American Carbon

Registry standards or pursuant to the standards of other carbon

registries chosen by the Commission, the Commission may test and

record the measurements of such emissions from the well pursuant to

the requirements of the American Carbon Registry or pursuant to the

standards of other carbon registries chosen by the Commission and

obtain any carbon credits that may be available for the measured

emissions. The Commission may use proceeds received from the sale

of carbon credits, which shall be deposited into the Oil and Gas

Division Revolving Fund, to offset the cost of administering the

program and testing for methane. The Commission may hire an

administrator to assist in facilitating the program. All funds

remaining after testing, administration, and the cost to market and

secure the credits value shall be placed in the Corporation

Commission Plugging Fund. Nothing in this section shall prohibit

the Commission from transferring an orphaned well, and all

associated potential carbon credits, pursuant to the Commission's

well transfer program. The Commission may promulgate rules as

needed to effectuate the capture of emissions and obtaining of

credits under this section. Any monies accruing in the State

Treasury by reason of a determination that there has been a

noncompliance with the provisions of the agreement or the rules of

the Commission, in excess of the cost of remedial action ordered by

the Commission, shall be credited to the Oil and Gas Division

Revolving Fund. The Commission shall also recover any costs arising

from litigation to enforce this provision. Provided, before a

person is required to forfeit or pay any monies to the state

pursuant to this section, the Commission shall notify the person at

his or her last-known address of the determination of neglect,

failure or refusal to plug or replug any well, or close any surface

Oklahoma Statutes - Title 17. Corporation Commission Page 284

impoundment or remove trash and equipment and such person shall have

ten (10) days from the date of notification within which to commence

remedial operations. Failure to commence remedial operations shall

result in forfeiture or payment as provided in this subsection.

D. If title to property or a well is transferred, the

transferee shall furnish the evidence of financial ability to plug

the well and close surface impoundments required by the provisions

of this section, prior to the transfer.
Okla. Stat. tit. 17, § 17-152 — OK Code / Title 17 / Section 17-152
Commission's jurisdiction over public utilities -
Status: in_force

Examination of requests for review of rates and charges.

A. The Commission shall have general supervision over all

public utilities, with power to fix and establish rates and to

prescribe and promulgate rules, requirements and regulations,

affecting their services, operation, and the management and conduct

of their business; shall inquire into the management of the business

thereof, and the method in which same is conducted.

B. 1. When any public utility subject to general supervision

pursuant to this section or to Section 158.27 of this title shall

file with the Commission a request for review of its rates and

charges, such request shall be given immediate attention.

Oklahoma Statutes - Title 17. Corporation Commission Page 86

2. In the exercise of this responsibility, the Commission shall

complete any examination of such request for a review of its rates

and charges within one hundred twenty (120) days from the date such

application for review of its rates and charges is filed.

3. Public hearings on such matter must commence within forty-

five (45) days of the end of such examination to be conducted by the

Commission and in no event shall the conclusion of such examination

of the rates and charges and the hearing conducted by the Commission

exceed one hundred eighty (180) days from the date the request was

filed.

4. If such request for review of the applicant's rates and

charges has not been completed and an order issued within one

hundred eighty (180) days from the date of filing of such

application, some or all of the request for changes in the rates,

charges, and regulations made in such application shall be

immediately placed into effect and collected through new tariffs on

an interim basis at the discretion of the applicant.

5. Should the Commission determine upon the completion of its

examination and public hearings that a refund regarding the amount

of interim relief is appropriate and necessary, the Commission shall

order such refund including reasonable interest at the one-year U.S.

Treasury bill rate accruing on that portion of the rate increase to

be refunded for a period not to exceed ninety (90) days from the

effective date of the rate increase which is being refunded.

C. The Commission shall have full visitorial and inquisitorial

power to examine such public utilities, and keep informed as to

their general conditions, their capitalization, rates, plants,

equipments, apparatus, and other property owned, leased, controlled

or operated, the value of same, the management, conduct, operation,

practices and services; not only with respect to the adequacy,

security and accommodation afforded by their service, but also with

respect to their compliance with the provisions of this act, and

with the Constitution and laws of this state, and with the orders of

the Commission.
Okla. Stat. tit. 17, § 17-10 — OK Code / Title 17 / Section 17-10
Attorney General to prosecute
Status: in_force

It shall be the duty of the Attorney General to prosecute to

final judgment all proceedings instituted under the provisions of

this article, for the violation of any of the orders of the

Corporation Commission.
Okla. Stat. tit. 17, § 17-346.2 — OK Code / Title 17 / Section 17-346.2
Applicability to regulated substances in transit to
Status: in_force

other states.

The provisions of Section 341 of this title shall not apply to

regulated substances brought into this state in transit for shipment

to and consumption in other states or territories.

Oklahoma Statutes - Title 17. Corporation Commission Page 265