Okla. Stat. tit. 17, § 17-160.38 — OK Code / Title 17 / Section 17-160.38
Electric supplier or municipal corporation — Non-public
Status: in_force

charging or fueling stations — Applicability date.

A. Nothing in Sections 160.33, 160.34, 160.35, or 160.36 of

Title 17 of the Oklahoma Statutes shall be construed to prohibit an

electric supplier or municipal corporation from operating, leasing,

installing, or otherwise procuring service from an electric vehicle

charging station or hydrogen fueling station on its own premises for

the sole purpose of serving its own electric vehicles that is not

open to the public.

B. Nothing in Sections 160.33, 160.34, 160.35, and 160.36 of

Title 17 of the Oklahoma Statutes shall be construed to apply to an

electric vehicle charging station or hydrogen fueling station that

was constructed, provided by, owned, operated, or maintained by a

retail electric supplier or municipal corporation prior to November

1, 2023.
Okla. Stat. tit. 17, § 17-348.6 — OK Code / Title 17 / Section 17-348.6
List of brands and trademarks of antifreeze permitted
Status: in_force

The Petroleum Storage Tank Division of the Oklahoma Corporation

Commission may furnish upon request a list of the brands and

trademarks of antifreeze permitted and permit numbers issued by the

Corporation Commission during the calendar year which have been

found to be in accord with Sections 348 through 348.9 of this title.
Okla. Stat. tit. 17, § 17-188 — OK Code / Title 17 / Section 17-188
Securities title not applicable
Status: in_force

Securities issued by public utilities, as defined in this act,

shall not be subject to any of the provisions of Title 71 of the

Oklahoma Statutes relating to the Oklahoma Securities Commission.
Okla. Stat. tit. 17, § 17-139.301 — OK Code / Title 17 / Section 17-139.301
Definitions
Status: in_force

As used in this act:

1. "Approved Broadband Provider" shall mean a provider of

Broadband Services, including subsidiaries or affiliates, with a

valid pole attachment agreement with an Electric Provider to which

it is attaching;

2. "Broadband Services" shall mean and include fiber, cable and

telecommunications networks, including wireless networks capable of

delivering broadband;

3. "Electric Provider", as used in Sections 2 and 3 of this

act, shall mean any corporation, association or cooperative

corporation engaged in the generation, transmission or distribution

of electric service in this state; and

4. "Telecommunications Provider" shall mean any corporation,

association or cooperative corporation engaged in the delivery of

telecommunications over wireline facilities in this state with a

valid pole attachment agreement with an Electric Provider to which

it is attaching.
Okla. Stat. tit. 17, § 17-710.1 — OK Code / Title 17 / Section 17-710.1
Electric Usage Data Protection Act
Status: in_force

This act shall be known and may be cited as the “Electric Usage

Data Protection Act”.
Okla. Stat. tit. 17, § 17-801.10 — OK Code / Title 17 / Section 17-801.10
Ratepayer-funded incentives to switch from natural gas
Status: in_force

to electricity prohibited.

Oklahoma Statutes - Title 17. Corporation Commission Page 300

No rate-regulated retail electric supplier, as defined in

Section 158.22 of Title 17 of the Oklahoma Statutes, shall offer

ratepayer-funded incentives, rebates, or inducements to its

customers to promote the switching of fuel sources from natural gas

to electricity.
Okla. Stat. tit. 17, § 17-139.110 — OK Code / Title 17 / Section 17-139.110
High speed Internet access or broadband service –
Status: in_force

Regulation by Corporation Commission prohibited – Requirements of

local exchange telecommunications service providers – Taxation.

A. The Oklahoma Corporation Commission shall not, by entering

any order, adopting any rule, or otherwise taking any agency action,

impose any regulation upon a provider of high speed Internet access

service or broadband service in its provision of such service,

regardless of technology or medium used to provide such service.

B. An incumbent local exchange telecommunications service

provider (ILEC) subject to the provisions of 47 U.S.C., Section

251(c) shall be required to provide unbundled access to network

elements, including but not limited to loops, subloops, and

collocation space within the facilities of the ILEC, to the extent

specifically required under 47 C.F.R., Section 51.319 or any

successor regulations issued by the Federal Communications

Commission.

Oklahoma Statutes - Title 17. Corporation Commission Page 78

C. Nothing in this section shall effect the assessment of any

company under Article X of the Oklahoma Constitution or Section 2801

et seq. of Title 68 of the Oklahoma Statutes.Commission prohibited – Requirements of local exchange telecommunications service providers –

Oklahoma Statutes - Title 17. Corporation Commission Page 3
Okla. Stat. tit. 17, § 17-116.4 — OK Code / Title 17 / Section 17-116.4
Hearings - Suggestions
Status: in_force

Before formulating such rules and regulations, the Commission

shall conduct hearings and invite the participation of interested

groups. These groups may make suggestions relating to the minimum

standards to be embodied in the rules and regulations. The

Commission shall consider the suggestions prior to the issuance of

any rules and regulations.
Okla. Stat. tit. 17, § 17-516 — OK Code / Title 17 / Section 17-516
Pre-existing brine, solution gas or brine and solution gas
Status: in_force

units - Effect of Act.

Sections 2 through 16 of this act shall not have any effect on

any existing brine, solution gas or brine and solution gas units

which have been created voluntarily or by a judicial decree to the

extent such unit was established as of the date of this act. Any

existing brine or brine and solution gas unit may be expanded using

the provisions of this act.
Okla. Stat. tit. 17, § 17-158.31 — OK Code / Title 17 / Section 17-158.31
Liberal construction
Status: in_force

Oklahoma Statutes - Title 17. Corporation Commission Page 100

This act shall be construed liberally. The enumeration of any

object, purpose, power, manner, method or thing shall not be deemed

to exclude like or similar objects, purposes, powers, manners,

methods or things.
Okla. Stat. tit. 17, § 17-802.3 — OK Code / Title 17 / Section 17-802.3
Oklahoma Low Carbon Energy Initiative Board
Status: in_force

A. The Oklahoma Low Carbon Energy Initiative shall be

administered and governed by the Oklahoma Low Carbon Energy

Initiative Board, made up of representatives of the contributing

institutions and entities of the Initiative which shall include but

not be limited to the University of Oklahoma, Oklahoma State

University, and the University of Tulsa. Additional contributing

members may be added at the discretion of the Board, if they

contribute to the purpose, objectives, and research coordinated by

the Initiative.

B. The Board shall consist of thirteen (13) members as follows:

1. One member, who shall serve as the chair of the Board, shall

be the Secretary of Energy and Environment or a member otherwise

appointed by the Governor;

2. One member shall be the Vice President for Research from the

University of Oklahoma or a member otherwise appointed by the

President of the University of Oklahoma;

3. One member shall be the Vice President for Research from

Oklahoma State University or a member otherwise appointed by the

President of Oklahoma State University;

4. One member shall be the Vice President for Research and

Economic Development from the University of Tulsa or a member

otherwise appointed by the President of the University of Tulsa;

5. One member who shall represent the Oklahoma Department of

Commerce, appointed by the Director of the Department of Commerce;

6. One member who shall represent the Department of Labor,

appointed by the Commissioner of Labor;

7. One member who shall represent the Department of

Environmental Quality, appointed by the Executive Director of the

Department of Environmental Quality;

8. One member who shall represent the Corporation Commission,

appointed by the Chair of the Commission;

Oklahoma Statutes - Title 17. Corporation Commission Page 302

9. One member who shall represent the Department of

Transportation, appointed by the Director of the Department of

Transportation;

10. One member who shall represent the Oklahoma Water Resources

Board, appointed by the Executive Director of the Oklahoma Water

Resources Board;

11. One member who shall represent the Oklahoma Center for the

Advancement of Science and Technology, appointed by the Executive

Director of the Center for the Advancement of Science and

Technology;

12. One member, who shall represent an electric utility or

cooperative regulated by the Corporation Commission, appointed by

the President Pro Tempore of the Senate; and

13. One member, who shall represent the nuclear energy

industry, appointed by the Speaker of the House of Representatives.

C. 1. The Board shall establish an Energy Industry Advisory

Council, appointed by the chair, for the purposes of providing

industry expertise and knowledge, assisting the Board with annual

report requirements, providing general recommendations, and other

support as needed to advance the efforts of the Board.

2. Members appointed to the Council shall serve at the pleasure

of the chair of the Board.

D. Board members shall serve for a term of four (4) years,

which shall begin on January 1 of the first year of the appointment

and end on December 31 of the fourth year. There shall be no limit

to the number of consecutive terms served. If a vacancy should

occur during a member’s term, the appointing authority for the

vacant position shall appoint a new member to fill the remainder of

the unexpired term. Board members shall serve without compensation

but may be eligible for necessary travel expenses pursuant to the

State Travel Reimbursement Act.

E. The Board shall be responsible for establishing procedures

for the Initiative and operations of the Board and the Advisory

Council. The rules may provide for protection from public

disclosure of trade secrets and proprietary information of any kind

including, but not limited to, data, processes and technology, as

the Board determines necessary.

F. The Board shall undertake activities and commission

programs, through the contributing institutions and entities, to

achieve the purpose and satisfy the objectives of the Initiative as

provided in the Oklahoma Energy Initiative Act. The Board shall

have authority to distribute funding for such activities and

programs. The Board may employ staff as it deems necessary.

G. The Board, in consultation with the Advisory Council and any

other party deemed necessary, shall submit and publish

electronically an annual, written report to summarize the annual

progress of the Initiative including summaries of its programs and

Oklahoma Statutes - Title 17. Corporation Commission Page 303

their progress and outcomes. The report shall be made available to

the public and shall be distributed electronically to the Governor,

the President Pro Tempore of the Senate, and the Speaker of the

House of Representatives.

H. The provisions of the Oklahoma Central Purchasing Act shall

not apply to any project, activity or contract of the Initiative or

the Board.

I. No Board member or any person acting on behalf of the Board,

Advisory Council, or Initiative executing any contracts, commitments

or agreements issued by or on behalf of the Oklahoma Low Carbon

Energy Initiative shall be personally liable for the contracts,

commitments, or agreements or be subject to any personal liability

or accountability by reason thereof. No director or any person

acting on behalf of the Board or Initiative shall be personally

liable for damage or injury resulting from the performance of duties

hereunder.
Okla. Stat. tit. 17, § 17-327.5 — OK Code / Title 17 / Section 17-327.5
Indemnity Fund claim payments - Subrogation
Status: in_force

A. Payment of any claim from the Indemnity Fund shall be

subject to the Indemnity Fund acquiring by subrogation the right to

recover from any person any amounts paid by the Indemnity Fund to or

on behalf of any eligible person which may be determined to be

fraudulent, reimbursable by other sources, or excessive. The

Administrator shall bring an action on behalf of the Indemnity Fund

to recover any such monies in the district court where the property

is located or where the person from whom recovery is sought resides.

The prevailing party in such cases shall be entitled to recover

interest, 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.

B. The Administrator is authorized to represent and protect the

Indemnity Fund in any state or federal judicial or administrative

proceeding.

C. Any person who is a party to a lawsuit and who may request

any payment or reimbursement payable from the Indemnity Fund as a

result of such lawsuit shall notify the Administrator upon being

served with notice of the lawsuit. The Administrator is authorized

to establish and enforce such third-party claim requirements as are

necessary to implement and comply with the provisions of this

section.
Okla. Stat. tit. 17, § 17-158.32 — OK Code / Title 17 / Section 17-158.32
Section 437.2 of Title 18 not repealed - Provisions as
Status: in_force

cumulative.

This act shall not be construed to repeal Title 18, Section

437.2, and shall be cumulative to existing law.
Okla. Stat. tit. 17, § 17-134 — OK Code / Title 17 / Section 17-134
Repair, maintenance or reconstruction - Injury to or
Status: in_force

interference with shade trees.

Nothing in this act shall prevent the repair, maintenance or

reconstruction of existing telephone properties, or the addition of

necessary circuits to existing lines, to accomodate increase in

business of the same character. Provided that it is hereby declared

unlawful for any telephone company in building, repairing or

maintaining any telephone line to cut down, trim, disturb or injure

any shade tree on any public road or highway, or on any parkage on

any street in any city or town, without first obtaining the consent

of the abutting property owner so to do, and in the maintenance of

telephone line it is hereby declared unlawful for any telephone

company to construct their lines so that the wires or cables shall

injure any such shade trees on such road or highway or on any

parkage within any city or town.
Okla. Stat. tit. 17, § 17-151.1 — OK Code / Title 17 / Section 17-151.1
Resale of water or sewage service – Maximum charges –
Status: in_force

Disclosure – Penalties - Enforcement.

A. Except for any person, public utility, or public service

corporation subject to the jurisdiction of the Corporation

Commission, or a municipal utility, or a public trust which has as

its beneficiary the municipality, no owner of any interest in real

property in this state who purchases water or sewage services from a

municipality and who resells such water or sewage services to any

residential lessee of any interest in such real property for the

purpose of providing water or sewage services shall charge such

lessee any amount in excess of ten percent (10%) of the cost to such

reseller for each billing cycle of the water or sewage services

purchased by the reseller from the supplier.

B. The reseller shall separately disclose in its water or

sewage services bills to the lessee the per unit cost of its

purchased water or sewage services and the actual amount of each fee

or charge in dollars and cents to be paid by the lessee to the

reseller.

C. Any person who willfully violates the provisions of this

section, upon conviction thereof by a district court, shall be

guilty of a misdemeanor. In addition to the punishment prescribed

by this subsection, the reseller is liable in treble damages to the

lessee injured, said damages to be recovered in a civil action by

the consumer so injured. Treble damages shall be based on the total

amount to be paid to the reseller by the lessee for each bill which

exceeds the authorized percentage pursuant to this section.

D. The Office of the Attorney General of this state shall have

the power and duty to investigate and prosecute any violations of

the provisions of this section.
Okla. Stat. tit. 17, § 17-287 — OK Code / Title 17 / Section 17-287
Development of wind energy - Expansion of transmission
Status: in_force

capacity.

A. The Legislature declares that it is in the public interest

to promote the development of a robust transmission grid to

facilitate delivery of renewable energy and improve reliability of

the electric transmission system. It is further in the public

interest, in cooperation with electricity transmission entities and

the Southwest Power Pool, to promote wind-energy development in the

state to the extent that the renewable energy generated from wind

Oklahoma Statutes - Title 17. Corporation Commission Page 200

can be utilized in every part of the state and exported to other

states.

B. The Legislature and the Corporation Commission shall work

with the Southwest Power Pool to develop a plan to expand

transmission capacity in the state and monitor the construction of

new transmission facilities in the state through the year 2020. The

Commission shall report on the progress in expanding transmission

capacity by January 1, 2014, and January 1, 2017, with a final

report issued by January 1, 2020.
Okla. Stat. tit. 17, § 17-610 — OK Code / Title 17 / Section 17-610
Renumbered as § 130.10 of Title 74 by Laws 1991, c. 235, §
Status: in_force

23, eff. July 1, 1991.
Okla. Stat. tit. 17, § 17-306.1 — OK Code / Title 17 / Section 17-306.1
Tanks containing petroleum products used for
Status: in_force

agricultural purposes - Permit fee.

Owners of storage tank systems over eleven hundred (1100)

gallons containing regulated substances when the regulated

substances are used for agricultural purposes and not for resale

shall be required to pay a permit fee of not more than Ten Dollars

($10.00) per tank per year.

Oklahoma Statutes - Title 17. Corporation Commission Page 220
Okla. Stat. tit. 17, § 17-51 — OK Code / Title 17 / Section 17-51
Oil and gas department established
Status: in_force

The Corporation Commission is hereby empowered and authorized to

create and establish an Oil and Gas Department under the

jurisdiction and supervision of the Corporation Commission, and is

hereby authorized to appoint with the approval and consent of the

Governor, a Chief Oil and Gas Conservation Agent who shall have

charge of the Oil and Gas Department herein authorized.
Okla. Stat. tit. 17, § 17-710.2 — OK Code / Title 17 / Section 17-710.2
Legislative findings
Status: in_force

The Legislature finds that smart grid and smart meter

technologies have the potential to provide substantial benefits to

consumers and the environment, including reduced energy costs,

increased energy efficiency, and increased reliability of the

electric grid. The Legislature recognizes, however, that the use of

advanced metering technology may give electric utilities and

consumers access to more detailed usage data than that collected by

conventional electric utility services. The purpose of the Electric

Usage Data Protection Act is to establish standards to govern the

access to and use of usage data, as defined in Section 3 of this act

by electric utilities, customers of electric utilities, and third

parties.
Okla. Stat. tit. 17, § 17-116.1 — OK Code / Title 17 / Section 17-116.1
Definitions
Status: in_force

As used in this act, unless the context requires otherwise:

(1) "Commission" means the Oklahoma Corporation Commission.

(2) "Common carrier by rail" means a railroad company operating

any part of its system within this state.

(3) "Motor vehicle" means any vehicle which is self-propelled.

(4) "Owner" means any person having the lawful use or control of

a motor vehicle as holder of the legal title of the motor vehicle or

under contract or lease or otherwise.

(5) "Place of employment" means that location where one or more

workers are actually performing the labor incident to their

employment.

(6) "Worker" means an individual employed for any period in any

work for which he is compensated, whether full or part time.
Okla. Stat. tit. 17, § 17-46 — OK Code / Title 17 / Section 17-46
Regulations - Enforcement of orders
Status: in_force

Section 46. In all matters pertaining to the regulation and

control of gins andginning and the business of such, the Commission

shall have the same power and authority as is now exercised by it

under the law as to any matter pertaining to the public visitation,

Oklahoma Statutes - Title 17. Corporation Commission Page 26

regulation or control of transportation and transmission companies,

and may enforce its orders against any person, firm, company, or

corporation maintaining or operating a gin or gins, by imposing a

fine against them, or either of them, not exceeding One Hundred

Dollars ($100.00) for the violation of any of its orders.
Okla. Stat. tit. 17, § 17-33 — OK Code / Title 17 / Section 17-33
Administrative Aide - Salary - Powers and duties - Office
Status: in_force

location.

Oklahoma Statutes - Title 17. Corporation Commission Page 18

Each Corporation Commissioner is hereby authorized to employ one

(1) Administrative Aide. Said positions shall be in the

unclassified service and each shall have a maximum annual salary,

payable monthly, which shall be specified in the Commission's annual

appropriation bill. Each Administrative Aide shall have such powers

and perform such duties as are assigned to him by the Corporation

Commissioner. Such Administrative Aide shall office in the State

Capitol Complex in Oklahoma City.
Okla. Stat. tit. 17, § 17-180.11 — OK Code / Title 17 / Section 17-180.11
Assessment upon public utilities
Status: in_force

A. The Corporation Commission is hereby authorized to assess a

fee upon each public utility to provide adequate funding to the

Public Utility Division of the Corporation Commission for the

regulation of public utilities in this state and for providing for

timely and expeditious reviews and completion of rate cases, and

increased responsiveness to the needs of consumers and the regulated

community.

B. 1. The assessment authorized by this section may, after

excluding the amount allocated to interexchange telecommunications

companies, resellers, pay phone service providers and operator

service providers in paragraph 2 of this subsection, be borne by the

affected public utilities as follows:

a. one-half (1/2) shall be allocated based on that

proportion which the total regulated Oklahoma

jurisdictional gross operating revenues of each public

utility bear to the total regulated Oklahoma

Oklahoma Statutes - Title 17. Corporation Commission Page 153

jurisdictional gross operating revenues of all public

utilities, and

b. one-half (1/2) shall be allocated based on that

proportion which the total number of regulated

Oklahoma jurisdictional customers of each public

utility bears to the total number of regulated

Oklahoma jurisdictional customers of all public

utilities.

2. For interexchange telecommunications companies, resellers,

pay phone service providers and operator service providers, the

allocation may be based on the total regulated Oklahoma

jurisdictional gross operating revenues that each interexchange

telecommunications company, reseller or operator service provider

bears in proportion to the total regulated Oklahoma jurisdictional

gross operating revenue of all public utilities as applied to the

total amount of the assessment to be collected from all public

utilities for each year.

C. Any assessment levied pursuant to this section shall be

recoverable as an operating expense to the public utility and shall

be included in a utility's base rates or basic monthly service

charge. The Corporation Commission shall take such action necessary

to ensure recovery of the assessment by a public utility during the

period for which it is levied.

D. The Corporation Commission may provide that each public

utility shall pay any assessment levied pursuant to this section on

a quarterly basis. Notice of the annual assessment shall be sent by

certified mail, return receipt requested, to each public utility.

Each public utility shall pay the amount assessed to the Commission

for deposit to the Public Utility Regulation Revolving Fund created

in subsection E of this section. A public utility may, at its

discretion, pay its annual assessment prior to the due date of the

quarterly payments.

E. Any assessment collected by the Commission pursuant to this

section shall be deposited in the Public Utility Regulation

Revolving Fund hereby created. The fund shall be a continuing fund

not subject to fiscal year limitations and shall consist of the

monies received by the Commission from any assessment levied

pursuant to the provisions of this section. All monies accruing to

the credit of the fund are hereby appropriated and may be budgeted

and expended by the Commission to pay the costs, both direct and

indirect, of the Public Utilities Division incurred to regulate

public utilities. Expenditures from said 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.

F. The Legislature shall establish budgetary limits for the

Public Utility Division of the Corporation Commission. Any

Oklahoma Statutes - Title 17. Corporation Commission Page 154

assessment levied pursuant to this section shall not exceed the

amount of the budgetary limits and indirect costs for related

support functions established by the Legislature for any fiscal

year. Budgetary limits will stay in effect until superseded by

further action of the Legislature.

G. For purposes of this section, "public utility" means:

1. A public utility as defined by Section 151 of this title,

excluding those companies encompassed by paragraph (d) of Section

151 of this title;

2. Any telephone or telecommunications company subject to

Section 131 et seq. of this title, including interexchange

telecommunications companies or such other telecommunications

companies as defined by OCC Rule OAC 165:55-1-4, resellers as

defined by OCC Rule OAC 165:56-1-4 and operator service providers as

defined by OCC Rule OAC 165:57-1-4; and

3. Any association or cooperative corporation doing business

under the Rural Electric Cooperative Act except for generation and

transmission associations or cooperative corporations, or

transmission associations or cooperative corporations.

H. It is the intention of the Legislature that this entire

section is an amendment to and alteration of Sections 18 through 34,

inclusive, of Article IX of the Constitution of the State of

Oklahoma, as authorized by Section 35 of Article IX of said

Constitution.
Okla. Stat. tit. 17, § 17-133 — OK Code / Title 17 / Section 17-133
Grant or refusal of certificate - Protests
Status: in_force

The Commission shall have power to issue said certificate as prayed

for or to refuse to issue the same or to issue it for the

construction, operation or acquisition of a portion only of the

contemplated territory. No certificate shall be issued until the

expiration of thirty (30) days from the date of the first

publication of notice, nor shall any certificate be issued without

hearing unless no protest is filed to the granting of the

certificate by any interested party within such thirty-day period.

In the event such protest is filed, then the Commission shall set

the matter for public hearing; however, in the event no protest is

filed the Commission may, at its discretion, forthwith issue the

certificate as prayed for or set the matter for public hearing on

its own motion.
Okla. Stat. tit. 17, § 17-603 — OK Code / Title 17 / Section 17-603
Renumbered as § 130.3 of Title 74 by Laws 1991, c. 235, §
Status: in_force

23, eff. July 1, 1991.
Okla. Stat. tit. 17, § 17-348.8 — OK Code / Title 17 / Section 17-348.8
Fees deposited to credit of Corporation Commission
Status: in_force

Revolving Fund.

All fees collected by the Oklahoma Corporation Commission under

the provisions of Sections 348 through 348.9 of this title shall be

deposited with the State Treasurer to the credit of the Corporation

Commission Revolving Fund.
Okla. Stat. tit. 17, § 17-189 — OK Code / Title 17 / Section 17-189
Rural electric cooperative corporations - Law not
Status: in_force

applicable.

This act shall not be construed to affect any cooperative

corporation created under the Rural Electric Cooperative Act, Title

18, Sections 437 to 437.30, O.S. 1941.
Okla. Stat. tit. 17, § 17-346.4 — OK Code / Title 17 / Section 17-346.4
Noncompliance of measuring device – Tampering with sign,
Status: in_force

label, seal or lock – Violation of rule or order - Penalties.

Any person who owns or has custody or control of any measuring

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

specifications and rules of the Corporation Commission or any person

who tampers with, alters, defaces or destroys any sign, label, seal

or lock mentioned in Section 346 of this title, without having first

secured an order permitting the removal of such sign, label, seal or

lock, as provided in Section 346 of this title, or any person who

violates any rule or order of the Commission promulgated under

authority of this act, shall be guilty of a misdemeanor and upon

conviction thereof shall be punished by a fine of not more than Two

Hundred Fifty Dollars ($250.00), administrative penalties as set

forth in Section 311 of this title, and/or punitive damages as set

forth in Section 312 of this title; and each day on which any

person, firm or corporation violates any of such orders or rules

shall be deemed a separate offense. The court may order restitution

for any actual damages incurred.
Okla. Stat. tit. 17, § 17-191.12 — OK Code / Title 17 / Section 17-191.12
Appeal to Supreme Court
Status: in_force

Any party adversely affected by any action of the Corporation

Commission under the provisions of this act may appeal to the

Supreme Court in the manner now provided in Article IX, Section 20

of the Constitution of the State of Oklahoma. All cases appealed to

the Supreme Court from an action of the Commission as herein

provided shall have precedence therein as provided in Article IX,

Section 21 of the Constitution of the State of Oklahoma.
Okla. Stat. tit. 17, § 17-801.3 — OK Code / Title 17 / Section 17-801.3
Definitions
Status: in_force

As used in the Oklahoma Energy Security Act:

1. "Commission" means the Corporation Commission;

2. "Demand side management" means the management of customer

consumption of electricity, or the demand for electricity, through

the implementation of:

a. load management or demand resource technologies,

management practices or other strategies in

residential, commercial, industrial, institutional or

government customers that shift electric loads from

periods of higher demand to periods of lower demand,

or

b. industrial by-product technologies consisting of the

use of a by-product from an industrial process,

including the reuse of energy from exhaust gases or

Oklahoma Statutes - Title 17. Corporation Commission Page 296

other manufacturing by-products that are used in the

direct production of electricity at the facility of a

customer; and

3. "Energy efficiency" means technologies, management practices

or other strategies in residential, commercial, institutional, or

government customers that reduce electricity use by those consumers.
Okla. Stat. tit. 17, § 17-309 — OK Code / Title 17 / Section 17-309
Release from storage tank system - Corrective action
Status: in_force

A. No person including but not limited to the owner or

operator, employee or agent of such owner or operator, or

Oklahoma Statutes - Title 17. Corporation Commission Page 224

transporter shall knowingly allow a release or suspicion of a

release from a storage tank system to occur or continue to occur

without reporting the release or suspicion of a release to the

Corporation Commission within twenty-four (24) hours upon

discovering such a release or information that suggests that a

release has occurred.

B. The owner or operator of a storage tank system shall

immediately take all reasonable corrective actions necessary to

prevent a release or a threatened release of regulated substances

from a storage tank system and to abate and remove any such releases

subject to applicable federal and state requirements. The

Corporation Commission shall require that any corrective action

taken by a storage tank system owner or operator or authorized by

the Commission shall be in compliance with all applicable state

statutes and rules and federal laws and regulations for the

protection of air quality and water quality and for the

transportation and disposal of any waste.

C. If there is a release from a storage tank system, the

Commission may:

1. Issue an administrative order stating the existence of an

emergency and requiring that such action be taken as the Commission

deems necessary to meet the emergency. Such order shall be

effective immediately. Any person to whom such an order is directed

shall comply with the order immediately but on application to the

Commission shall be afforded a hearing within ten (10) days after

receipt of the administrative order. On the basis of such hearing,

the Commission shall continue such order in effect, revoke it, or

modify it. Any person aggrieved by such order continued after the

hearing provided for in this subsection may appeal to the Supreme

Court as provided in Section 318 of Title 75 of the Oklahoma

Statutes. Such appeal when docketed shall have priority over all

cases pending on the docket; and

2. Require an owner, operator, or responsible person to submit

investigation, remediation or other corrective action plans to the

Petroleum Storage Tank Division of the Corporation Commission for

preapproval prior to initiating such investigation, remediation, or

other corrective action.

D. 1. The Commission may take corrective action if:

a. an owner or operator of the storage tank system cannot

be identified,

b. an identified owner or operator cannot or will not

comply with the order issued pursuant to subsection C

of this section,

c. an administrative or judicial proceeding on an order

issued pursuant to subsection C of this section is

pending and the Commission determines corrective

action is necessary to protect the public health,

Oklahoma Statutes - Title 17. Corporation Commission Page 225

safety and welfare or the environment until the

administrative or judicial proceeding is resolved, or

d. the Commission determines that the release constitutes

a danger requiring immediate action to prevent,

minimize or mitigate damage to the public health and

welfare or the environment. Before taking an action

under this paragraph, the Commission shall make all

reasonable efforts, taking into consideration the

urgency of the situation, to afford an owner or

operator notice and hearing to take a corrective

action and notify the owners or occupants of adjacent

or affected real property as specified by Section 310

of this title.

2. The owner or operator is liable for the cost of any

corrective action taken by the Commission pursuant to this

subsection, including the cost of investigating the release and

administrative and legal expenses, if:

a. the owner or operator has failed to take a corrective

action required by the Commission and the Commission

has taken the corrective action, or

b. the Commission has taken corrective action in an

emergency pursuant to subparagraph d of paragraph 1 of

this subsection.

3. Reasonable and necessary expenses incurred by the

Commission, the Oklahoma Leaking Underground Storage Tank Trust

Fund, or the Oklahoma Leaking Underground Storage Tank Revolving

Fund, in taking a corrective action, including costs of

investigating a release and administrative and legal expenses, may

be recovered from the Indemnity Fund by application to the

Commission with notice and hearing pursuant to Section 311 of this

title. The Commission's certification of costs incurred is prima

facie evidence that the costs incurred are reasonable and necessary.

The Commission shall be entitled to apply for and receive payment

from the Indemnity Fund upon any site upon which the Commission has

taken corrective action. Costs incurred that are recovered under

this subsection shall be deposited in the Corporation Commission

Storage Tank Revolving Fund. Costs reimbursed by the Indemnity Fund

for Oklahoma Leaking Underground Storage Tank Trust Fund or Oklahoma

Leaking Underground Storage Tank Revolving Fund expenditures shall

be deposited in the Oklahoma Leaking Underground Storage Tank

Revolving Fund.

E. Any order issued by the Commission pursuant to this section

shall not limit the liability of the owner or operator or both such

owner or operator for any injury, damages, or costs incurred by any

person as a result of the release. The owner or operator shall not

avoid any liability, statutory environmental responsibility imposed

by Section 301 et seq. of this title; or as a result of such release

Oklahoma Statutes - Title 17. Corporation Commission Page 226

by means of a conveyance of any right, title or interest in real

property; or by any indemnification, hold harmless agreement, or

similar agreement.

1. This subsection does not:

a. prohibit a person who may be liable from entering an

agreement by which the person is insured, held

harmless, or indemnified for part or all of the

liability,

b. prohibit the enforcement of an insurance, hold

harmless, or indemnification agreement, or

c. bar a cause of action brought by a person who may be

liable or by an insurer or guarantor, whether by right

of subrogation or otherwise.

2. Except as otherwise provided by law, if there is more than

one person liable, such persons shall be jointly liable for any

injury, damages, or costs.
Okla. Stat. tit. 17, § 17-820.3 — OK Code / Title 17 / Section 17-820.3
Void provisions – Injunctive relief
Status: in_force

A. A provision of a solar power facility agreement that

purports to waive a right or exempt a grantee from a liability or

duty established by the Commercial Solar Facility Decommissioning

Act is void.

B. A person who is harmed by a violation of the Commercial

Solar Facility Decommissioning Act is entitled to appropriate

injunctive relief to prevent further violation of the act.

C. The provisions of this section are not exclusive. The

remedies provided in this section are in addition to any other

procedures or remedies provided by other law.
Okla. Stat. tit. 17, § 17-341 — OK Code / Title 17 / Section 17-341
Unlawful to sell, offer for sale, use or consume regulated
Status: in_force

substances not in compliance.

It shall be unlawful for any person, firm or corporation in the

State of Oklahoma to sell, offer for sale, use or consume any

regulated substances manufactured in this state or brought into it

unless the same complies with the rules of the Corporation

Commission and the laws of the State of Oklahoma.
Okla. Stat. tit. 17, § 17-159.13 — OK Code / Title 17 / Section 17-159.13
Rules and regulations for applications
Status: in_force

The application for any such certificate provided for in Section

2 shall be under such rules and regulations as the Commission may

prescribe; provided, however, that the Commission shall not act upon

any application whether now pending or hereafter filed until it

shall first have adopted rules and regulations relating to the

issuance of such certificates.
Okla. Stat. tit. 17, § 17-31 — OK Code / Title 17 / Section 17-31
Senior Utility Rate Analysts - Salary - Qualifications
Status: in_force

The Corporation Commission shall employ two Senior Utility Rate

Analysts. Said positions shall be in the unclassified service and

shall have a maximum annual salary, payable monthly, which shall be

specified in the Commission's annual appropriation bill. Any person

filling said position shall possess either:

1. A bachelor's degree or advanced degree in the area of

accounting, business administration, economics, engineering,

finance, law, or equivalent and a minimum of two (2) years'

experience in utility regulation on behalf of utility applicants,

commission staff, or intervenors; or

2. A minimum of five (5) years' experience in utility

regulation on behalf of utility applicants, commission staff, or

intervenors.
Okla. Stat. tit. 17, § 17-158.22 — OK Code / Title 17 / Section 17-158.22
Definitions
Status: in_force

For the purposes of this act, the following terms shall have the

meanings given them:

1. The term "retail electric supplier" means any person, firm,

corporation, association or cooperative corporation, exclusive of

municipal corporations or beneficial trusts thereof, engaged in the

furnishing of retail electric service.

2. The term "certified territory" shall mean the unincorporated

areas as certified by and pursuant to Section 158.24 of this title.

3. The term "existing distribution line" shall mean an electric

line which on the effective date of this act

a. is located in an unincorporated area and

b. is being or has been substantially used for retail

electric service.

4. The term "retail electric service" means electric service

furnished to a consumer for ultimate consumption, but does not

include wholesale electric energy furnished by an electric supplier

to another electric supplier for resale.

5. The term "unincorporated area" shall mean geographical area

outside the corporate limits of cities and towns.

6. The term "electric consuming facilities" means everything

that utilizes electric energy from a central station source.

7. The term "Commission" shall mean "Corporation Commission of

Oklahoma" or its successor.

8. The term "association or cooperative corporation" shall mean

any association or cooperative corporation doing business under the

Rural Electric Cooperative Act.

9. The term "hearing" shall mean a hearing by the Commission

pursuant to reasonable notice to all affected retail electric

suppliers.

10. The term "member consumer" shall mean the customer in whose

name service of any association or cooperative corporation doing

business under the Rural Electric Cooperative Act is being provided.
Okla. Stat. tit. 17, § 17-57 — OK Code / Title 17 / Section 17-57
Oil and Gas Division Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Corporation Commission, to be designated the "Oil and Gas

Division Revolving Fund". The fund shall be a continuing fund, not

subject to fiscal year limitations, and shall consist of all monies

designated for deposit to said fund. All monies accruing to the

credit of said fund are hereby appropriated and may be budgeted and

shall be expended by the Corporation Commission for the purposes of

expeditious prevention and abatement of oil and gas pollution, the

protection of correlative rights and the prevention of waste.

Expenditures from said 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. No money shall be transferred or expended by

the Corporation Commission for any other purpose than that

authorized by this section.
Okla. Stat. tit. 17, § 17-158.57 — OK Code / Title 17 / Section 17-158.57
Corporation Commission power - Expenses of conducting
Status: in_force

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 4 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, § 17-258 — OK Code / Title 17 / Section 17-258
Approval of purchased power adjustment clauses
Status: in_force

A. No purchased power adjustment clause of any kind shall apply

nor be used in computing bills for retail electric service which has

not been first approved by the Commission.

B. If the Commission finds that the changed price of purchased

wholesale power required for distribution by any electric

distribution cooperative threatens the ability of the cooperative to

earn a reasonable rate of return, the Commission may, after

investigation and public hearing, approve a suitable purchased power

adjustment clause to be superimposed upon the existing retail

electric rate schedules of the cooperative and designed only to

recapture such increased costs of wholesale power.

Oklahoma Statutes - Title 17. Corporation Commission Page 190

C. The Commission shall design the purchased power adjustment

clause to allow the electric distribution cooperative to increase or

decrease its charges for retail electric service as provided in its

approved electric rates only for the changes in the cost of

purchased power when the price of such purchased power differs from

the price which is reflected in its basic approved retail rates. It

shall include in a purchased power adjustment clause an allowance

for line losses if a preponderance of evidence points to the

probable conclusion that failure to do so will result in less than a

reasonable rate of return for the cooperative.
Okla. Stat. tit. 17, § 17-256 — OK Code / Title 17 / Section 17-256
Sections 251 to 255 not applicable to electric
Status: in_force

cooperatives.

Oklahoma Statutes - Title 17. Corporation Commission Page 189

The provisions of Sections 2 through 6 of this act shall not be

construed to apply to electric cooperatives.
Okla. Stat. tit. 17, § 17-158.59 — OK Code / Title 17 / Section 17-158.59
Fines and penalties
Status: in_force

A. Any person who willfully and knowingly does or causes to be

done any act, matter or thing prohibited or declared to be unlawful

by this act, or who willfully and knowingly omits or fails to do any

act, matter or thing required by this act to be done, or willfully

and knowingly causes such omission or failure, shall, upon

conviction thereof, be guilty of a Class D3 felony offense

punishable by a fine of not more than Five Thousand Dollars

($5,000.00), or by imprisonment as provided for in subsections B

through F of Section 20P of Title 21 of the Oklahoma Statutes, or

both such fine and imprisonment. In addition, such violation shall

Oklahoma Statutes - Title 17. Corporation Commission Page 112

be punished upon conviction thereof by a fine not exceeding Five

Hundred Dollars ($500.00) for each day during which such offense

occurs.

B. Any person who willfully and knowingly violates any rule,

regulation, restriction, condition or order made or imposed by the

Corporation Commission under authority of this act, shall, in

addition to any other penalties provided by law, be punished upon

conviction thereof by a fine not exceeding Five Hundred Dollars

($500.00) for each day during which such offense occurs.
Okla. Stat. tit. 17, § 17-8 — OK Code / Title 17 / Section 17-8
Moneys to be paid into state treasury
Status: in_force

All moneys collected by the Corporation Commission, under this

article, shall be paid into the treasury of the state.
Okla. Stat. tit. 17, § 17-136 — OK Code / Title 17 / Section 17-136
Extension of telephone service to open territories -
Status: in_force

Petition - Notice and hearing.

Upon the petition of any citizens residing in territory which is

open territory, requesting telephone service from an adjacent

telephone exchange, the Commission may cause the same to be set for

hearing and give due and proper notice in writing, at least ten (10)

days prior to the date of hearing, to all persons, firms or

corporations holding certificates to furnish service in adjacent

territory or furnishing service in adjacent territory and to the

municipal officials of all municipalities in said affected

territories, and by publication for one (1) week in a newspaper of

general circulation in the territory affected. If, at such hearing,

the Commission finds from competent evidence that the public

convenience and necessity requires the furnishing of telephone

service in the affected territory, it shall have the further power

to order and direct the person, firm, association, corporation or

cooperative which can most economically extend its service so as to

furnish efficient telephone service in the affected territory to so

extend its service, provided that it shall not make an order so

requiring unless it finds, from substantial evidence, that the

person, firm or corporation so ordered to serve is earning a fair

return on the fair value of its property devoted by it to the public

service in this state and that the rendition of service in the

affected territory will not prevent the person, firm or corporation

so ordered to serve from earning a fair return on the fair value of

its property devoted to the public service in this state.
Okla. Stat. tit. 17, § 17-164 — OK Code / Title 17 / Section 17-164
Fees for rebates or refunds
Status: in_force

For all rebates or refunds made through the intervention or

agency of the Corporation Commission, a fee of ten per cent on such

rebates or refund shall be charged and deducted from such amount

rebated or refunded through such intervention or agency of the

Corporation Commission, and same shall be converted into the State

Treasury as provided by law.
Okla. Stat. tit. 17, § 17-191.13 — OK Code / Title 17 / Section 17-191.13
Provisions in conflict or inconsistent with Oklahoma
Status: in_force

Constitution.

If this act, Section 191.1 et seq. of this title, or any

provision hereof is, or may be deemed to be, in conflict or

inconsistent with any of the provisions of Section 18 through

Section 34, inclusive, of Article IX of the Constitution of the

State of Oklahoma, then, to the extent of any such conflicts or

inconsistencies, it is hereby expressly declared this entire act and

this section are amendments to and alterations of said sections of

the Constitution, as authorized by Section 35 of Article IX of said

Constitution.
Okla. Stat. tit. 17, § 17-13 — OK Code / Title 17 / Section 17-13
Admission of evidence
Status: in_force

The Corporation Commission shall in the trial of cases and all

special proceedings and hearings admit in evidence only such balance

sheets, operating statements and other financial exhibits and

schedules as shall have been compiled and authenticated by the

treasurer or other regularly acting financial officer or employee of

such person, firm, association or corporation as may be a party to

the proceeding, action or cause pending before or being tried by

said Commission; provided, that if otherwise relevant and

admissible, reports of audit, balance sheets, operating statements

and financial exhibits and schedules prepared by employees of said

Commission, employees of the Office of the Attorney General, and by

public accountants as defined in Section 15.1 et seq. of Title 59 of

the Oklahoma Statutes or certified public accountants under the laws

of the state, shall be admissible and accepted in evidence in all

cases.
Okla. Stat. tit. 17, § 17-512 — OK Code / Title 17 / Section 17-512
Appeal from orders
Status: in_force

Any person aggrieved by any order of the Commission may appeal

therefrom to the Supreme Court of the State of Oklahoma upon the

same conditions, within the same time, and in the same manner as is

provided in Sections 84-135, inclusive, of Title 52 of the Oklahoma

Oklahoma Statutes - Title 17. Corporation Commission Page 280

Statutes, or any amendments thereto, for the taking of appeals from

orders of the Commission.
Okla. Stat. tit. 17, § 17-184 — OK Code / Title 17 / Section 17-184
Purposes for which securities may be issued - Issuance of
Status: in_force

short term securities - Foreign public utilities.

(1) A public utility organized under laws of this state may,

when authorized by order of the Commission, and not otherwise, issue

securities when necessary for the acquisition of property, the

construction, extension or improvement of its facilities, or the

improvement of its service, or for the discharge or lawful refunding

of its obligations, or reimbursement of moneys actually expended

from income from any source, or for any other corporate purpose

authorized by the Commission. Such public utility may issue

securities for proper corporation purposes payable at periods of not

more than twelve (12) months, without the consent of the Commission;

but no such note, in whole or in part, shall be refunded by any

issue of securities, with maturity date later than twelve (12)

months from date of issue, without the consent of the Commission.

(2) A public utility organized under the laws of another state

or foreign country may, when authorized by order of the Commission

and not otherwise, create liens on property in this state to secure

Oklahoma Statutes - Title 17. Corporation Commission Page 159

evidences of indebtedness when the issuance of such evidences of

indebtedness is necessary for the acquisition of property, the

construction, extension or improvement of its facilities, or

improving of its service, or for the discharge or lawful refunding

of its obligations or reimbursement of moneys actually expended from

income from any source or for any other corporate purpose authorized

by the Commission. The order of the Commission shall fix the amount

of evidences of indebtedness secured by such lien or liens and the

purposes for which such evidences of indebtedness or their proceeds

are to be applied. No such public utility shall, without the

consent of the Commission, apply such evidences of indebtedness or

their proceeds to any purpose not specified in the order.
Okla. Stat. tit. 17, § 17-168 — OK Code / Title 17 / Section 17-168
Certificate as prima facie evidence - Burden of proof
Status: in_force

If, and when a certificate, as provided in Section 1 hereof, has

been filed and recorded in the land records of the county in which

the tract of land described in said certificate is located, and such

certificate disclosed that no notice of intention to drill an oil

well or gas well on said described land has been filed with the

Commission, or discloses that as to all wells, for which notices to

drill on said lands have been filed, and there has been filed a

notice to plug, or discloses that no production has been reported

from said tract for six (6) months or more prior to the date of said

certificate, said certificate shall constitute prima facie evidence

of the actual status of production from, development of, or

abandonment of operations on said tract, and any person, firm or

corporation, who asserts the existence and validity of any oil and

gas lease, or conveyance, the primary term of which has expired, and

the existence and validity of which lease or conveyance is dependent

upon such development, production, or operations, as defeating the

merchantability of title to the tract covered by said certificate,

Oklahoma Statutes - Title 17. Corporation Commission Page 147

or any part thereof, shall have the burden of proving that such

lease or conveyance is in fact valid and subsisting.
Okla. Stat. tit. 17, § 17-271 — OK Code / Title 17 / Section 17-271
Appeals
Status: in_force

Appellate jurisdiction is hereby conferred upon the Supreme

Court of this state to review the procedures employed by the

Commission to carry out the provisions of this act and the Federal

Natural Gas Policy Act of 1978, in the same manner and time as

appeals are allowed by law from orders of the Commission in

exercising their powers under the Oil and Gas Conservation Act. Such

appeal may be taken by any person shown by the record to be

interested therein.
Okla. Stat. tit. 17, § 17-40.1 — OK Code / Title 17 / Section 17-40.1
Regional service areas - Regional service offices -
Status: in_force

Services provided - Staffing - Reports - Telephonic communication

services.

Oklahoma Statutes - Title 17. Corporation Commission Page 21

A. For the purpose of accepting, processing and hearing

applications for oil and gas well development, administrative

applications, and for any other related matters, the Corporation

Commission shall divide the state into two regional service areas.

By September 1, 1990, the Corporation Commission shall establish and

maintain in each regional service area, a regional service office

located within the corporate limits of any municipality having a

population of more than two hundred fifty thousand (250,000)

inhabitants according to the last Federal Decennial Census to

implement their duties pursuant to law. The State Office of the

Corporation Commission located in Oklahoma City shall serve as the

regional service office for the regional service area in which

Oklahoma City is located. The regional service office shall service

the regional service area in which such office is located or as

otherwise provided by the Corporation Commission for public

convenience.

B. 1. Applications for oil and gas well development,

administrative applications and any other related matters may be

filed in any regional service office.

2. The central record of all filings with all regional service

offices shall be maintained in the State Office of the Corporation

Commission located in Oklahoma City and all initial dockets shall be

simultaneously announced in Oklahoma City and transmitted to

regional offices.

3. All hearings on any application including but not limited to

appellate hearings shall be held in the regional service office

where the application is filed unless:

a. in the case of an application protested by a

respondent mineral owner, or surface owner having

standing to protest by statute or by Rule of the

Corporation Commission, holding the hearing in the

regional service office would not be at the

convenience of such respondent mineral owner, or

surface owner, or

b. the applicant and all protestants agree to have the

Commission proceed to hear any case, or any portion

thereof, during any stage of the proceedings, at any

regional service office, or by telecommunication

hearings, or

c. the applicant, all protestants and the Commission

agree to have the Commission proceed to hear any case,

or any portion thereof, during any stage of the

proceedings, at another location other than a regional

service office.

C. 1. The Corporation Commission shall provide for an

adequately staffed regional service office in each regional service

Oklahoma Statutes - Title 17. Corporation Commission Page 22

area to conduct the business of the regional service office as

herein provided.

2. In order to implement the provisions of this subsection for

the regional service office located within the corporate limits of a

municipality having a population of more than two hundred fifty

thousand (250,000) inhabitants, the Commission shall utilize the

following positions from existing FTE for such service office:

POSITION MINIMUM

FTE

Office Administrator 1.0

Hearing Officers 2.0

Court Reporters 2.0

Docket Clerks 2.5

Secretary 1.0

3. The Corporation Commission shall maintain electronic data

equipment capable of retrieving and printing information by cause

number, applicant name, relief requested, or by county.

D. The Corporation Commission shall submit a report to the

Speaker of the House of Representatives and the President Pro

Tempore of the Senate by February 1 of each year detailing the

number of applications filed by county, hearings held and other

activities performed by each regional service office.

E. The Corporation Commission shall promulgate rules, pursuant

to the Administrative Procedures Act, to implement the provisions of

this section.

F. The Corporation Commission shall develop and maintain a

system for providing telephonic communication service for hearings

related to oil and gas matters in municipalities having a population

of more than eighty-five thousand (85,000) inhabitants according to

the last Federal Decennial Census. In order to implement the

provisions of this subsection, the Commission shall utilize from

existing FTE the following position for such telephonic

communication service:

POSITION FTE

Docket Clerk .5
Okla. Stat. tit. 17, § 17-304 — OK Code / Title 17 / Section 17-304
Exemptions
Status: in_force

The provisions of the Oklahoma Petroleum Storage Tank

Consolidation Act shall not apply to:

1. Septic tank systems;

2. Pipeline facilities;

3. Surface impoundments, pits, ponds or lagoons;

4. Stormwater and wastewater collection systems;

5. Flow-through process tank systems;

6. Liquid trap or associated gathering lines directly related

to oil or gas production and gathering operations;

Oklahoma Statutes - Title 17. Corporation Commission Page 213

7. Hydraulic lift tank systems;

8. Hydrogen storage tank systems;

9. Storage tank systems with a capacity of less than one

hundred ten (110) gallons;

10. Fleet and commercial aboveground storage tanks with an

individual capacity of two thousand one hundred (2,100) gallons or

less;

11. Storage tank systems with a de minimus concentration of

regulated substances;

12. Storage tank systems that serve as emergency backup tanks,

provided that such backup tanks hold regulated substances for only a

short period of time and are expeditiously emptied after each use.

The provisions of this paragraph shall not prevent Corporation

Commission notification requirements and such other restrictions as

may be deemed necessary by the Commission to protect the

environment;

13. Farm or residential underground storage tanks with an

individual capacity of one thousand one hundred (1,100) gallons or

less used for noncommercial purposes;

14. Underground storage tanks used for storing heating oil for

consumptive use on the premises where stored;

15. Storage tank systems storing hazardous wastes regulated

under Subtitle C of the federal Solid Waste Disposal Act, 42 U.S.C.,

Section 6921 et seq., or substances regulated as hazardous wastes

under the Oklahoma Hazardous Waste Management Act; and

16. Fuel storage facilities and associated equipment used in

wholesale or bulk distribution activities that are supplied by a

pipeline and from which fuel may be removed at a rack.
Okla. Stat. tit. 17, § 17-191.4 — OK Code / Title 17 / Section 17-191.4
Combination of statements
Status: in_force

If any offer, request, invitation, merger or acquisition

referred to in Section 2 of this act is proposed to be made by means

of a registration statement under the Securities Act of 1933, 15

Oklahoma Statutes - Title 17. Corporation Commission Page 177

U.S.C. Sections 77a through 77aa, as amended, including rules and

regulations promulgated thereunder, or in circumstances requiring

disclosure of similar information under the Securities Exchange Act

of 1934, 15 U.S.C. Sections 78a through 78jj, as amended, including

rules and regulations promulgated thereunder, or under a state law,

including rules and regulations promulgated thereunder, requiring

similar registration or disclosure, the person required to file the

statement referred to in Section 2 of this act may incorporate

information contained in the documents filed under the above-

mentioned statutes into said statement by attaching the other

documents to the statement filed under this act and making specific

reference to the information provided by said attached documents.
Okla. Stat. tit. 17, § 17-257 — OK Code / Title 17 / Section 17-257
Electric generation cooperatives - Report of fuel
Status: in_force

adjustment clauses.

Electric generation cooperatives which determine to utilize a

fuel adjustment clause shall report such fuel adjustment clause to

the Commission. The Commission shall promulgate reasonable rules

requiring each such cooperative to file monthly with the Commission,

the following:

1. A report of adjustments charged or credited to its wholesale

electric customers on its current monthly billing;

2. A statement 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;

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

computation of the proposed monthly fuel adjustment charges;

4. A summary of inventory records of fuel going into and taken

out of stockpile or storage;

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

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

of any change in such unit cost; and

6. Any other records pertaining to fuel adjustment charges

deemed necessary by the Commission including, but not limited to,

the heat-rate efficiency and delivery efficiency for affected

electric generating cooperatives and the actual capacity factor for

each generating facility utilized to produce electric power. The

records and computations provided for in this section shall be open

to public inspection at the office of the Commission.
Okla. Stat. tit. 17, § 17-158.61 — OK Code / Title 17 / Section 17-158.61
Provisions in conflict or inconsistent with
Status: in_force

Constitution.

If this act, or any provision hereof is, or may be deemed to be,

in conflict or inconsistent with any of the provisions of Section 18

through Section 34, inclusive, of Article IX of the Constitution of

the State of Oklahoma, then, to the extent of any such conflicts or

inconsistencies, it is hereby expressly declared this entire act and

this section are amendments to and alterations of said sections of

the Constitution, as authorized by Section 35 of Article IX of said

Constitution.
Okla. Stat. tit. 17, § 17-159.16 — OK Code / Title 17 / Section 17-159.16
Power to issue or refuse certificate - Protests
Status: in_force

The Commission shall have power to issue said certificate as

prayed for, or to refuse to issue the same, or to suspend or revoke

the same, or to issue it for construction, operation, or acquisition

of some portion only of the proposed water transportation line.

No certificate shall be issued until the expiration of forty-

five (45) days from the date of the first publication of notice, nor

shall any certificate be issued without hearing unless no protest is

filed to the granting of the certificate by any interested party

within such forty-five day period. In the event such protest is

filed, then the Commission shall set the matter for public hearing;

however, in the event no protest is filed, the Commission, at its

discretion, may issue the certificate forthwith or set the matter

for public hearing on its own motion.
Okla. Stat. tit. 17, § 17-140.2 — OK Code / Title 17 / Section 17-140.2
Prohibition of certain pay-per-call services or
Status: in_force

interactive programs.

The Corporation Commission shall prohibit any local exchange

company or interexchange carrier from billing a subscriber on the

subscriber's telephone bill for a pay-per-call service or

interactive program whose message content contains:

Oklahoma Statutes - Title 17. Corporation Commission Page 82

1. Vulgar language, explicit or implicit descriptions of

violence or sexual conduct, adult entertainment, or incitement to

violence;

2. Inflammatory or demeaning portrayals of the race, religion,

political affiliation, ethnicity, gender, or handicap of any

individual or group; or

3. False, misleading or deceptive advertising.
Okla. Stat. tit. 17, § 17-160.37 — OK Code / Title 17 / Section 17-160.37
Promulgation of rules
Status: in_force

The Corporation Commission may promulgate rules to implement and

ensure compliance with the provisions of this act.
Okla. Stat. tit. 17, § 17-158.53 — OK Code / Title 17 / Section 17-158.53
Approval of acquisition of control - Public hearing
Status: in_force

A. The Corporation Commission shall approve any acquisition of

control referred to in Section 2 of this act unless, after a public

hearing thereon, it finds that one or more of the following

conditions will exist if such acquisition of contol is consummated,

Oklahoma Statutes - Title 17. Corporation Commission Page 109

in which event it shall disapprove such acquisition of control and

the same shall not be consummated:

1. The acquisition of control would adversely affect the

contractual obligations of the rural electric cooperative or its

ability or commitment to render the same level of service to its

customers that the rural electric cooperative is currently

rendering;

2. The effect of the acquisition of control would be

substantially to lessen competition in the furnishing of public

utility service in this state;

3. The financial condition of any acquiring party is such as

might jeopardize the financial stability of the rural electric

cooperative or otherwise prejudice the interest of the rural

electric cooperative's customers;

4. The plans or proposals which an acquiring party has to

liquidate the rural electric cooperative, sell its assets, or a

substantial part thereof, or consolidate or merge it with any

person, or to make any other material change in its investment

policy, business or corporate structure or management, would be

detrimental to the customers of the rural electric cooperative and

not in the public interest; or

5. The competence, experience and integrity of the persons who

would control the operation of the rural electric cooperative are

such that it would not be in the interest of its customers and the

public to permit the acquisition of control.

B. The public hearing referred to in subsection A of this

section shall be commenced within thirty (30) days after the

statement required by Section 2 of this act is filed. The place,

date and time for such public hearing shall be set by the Commission

and notice thereof shall be given by the Commission to the person

filing the statement and to the rural electric cooperative at least

twenty (20) days prior to the date of the public hearing. Notice of

the public hearing shall be given by the person filing the statement

to such other persons and in such manner as may be directed by the

Commission at least fifteen (15) days prior to such public hearing.

The rural electric cooperative shall give notice to its customers as

provided in Section 5 of this act. The public hearing referred to

in subsection A of this section shall be concluded within thirty

(30) days after the commencement of such hearing. The Commission

shall make a determination on the factors specified in subsection A

of this section within thirty (30) days after the conclusion of such

hearing, and any acquisition of control within the purview of this

section shall be deemed approved unless the Commission has, within

thirty (30) days after the conclusion of such hearing, entered its

order disapproving the acquisition of control.
Okla. Stat. tit. 17, § 17-7 — OK Code / Title 17 / Section 17-7
Judgment of Supreme Court on appeal
Status: in_force

In cases appealed to the Supreme Court, as provided in this

article, if the judgment of the Commission is affirmed, it shall be

the duty of the Supreme Court, upon entering such judgment, to

direct the Clerk of the Court to deliver to the Commission a

certified copy of such judgment, and upon receipt of such certified

judgment, the Corporation Commission shall within ten (10) days, if

such judgment and costs shall not have been paid, enter judgment

against the sureties on the appeal bond without further notice or

hearing, and shall within thirty (30) days from the rendition of

such judgment against the sureties of said appeal or suspending

bonds, if the same shall not have been paid, issue an execution

against the corporation, person or firm, and the sureties of said

appeal or suspending bonds as provided in the preceding section. If

the judgment of the Commission is reversed or modified by the

Supreme Court, the same shall be remanded to the Commission with

instruction to change or modify the former judgment of the

Commission to conform to the opinion of the Supreme Court. The

Oklahoma Statutes - Title 17. Corporation Commission Page 14

Supreme Court may remand any case for additional evidence or

rehearing, and make such final order or judgment in the case as the

Court may deem proper.
Okla. Stat. tit. 17, § 17-116.5 — OK Code / Title 17 / Section 17-116.5
Amendment of rules and regulations
Status: in_force

The Commission may amend the rules and regulations at any time

upon its own motion or upon complaint by any individual or group, in

the same manner as it adopts other rules and regulations.
Okla. Stat. tit. 17, § 17-348.3 — OK Code / Title 17 / Section 17-348.3
Sample analysis of antifreeze prior to sale – Annual
Status: in_force

permit application and fee.

Before any antifreeze shall be sold, exposed for sale or held

with intent to sell within this state, a sample thereof must be

analyzed pursuant to standards established by the Oklahoma

Corporation Commission and a certified analysis submitted to the

Petroleum Storage Tank Division for approval with the initial or

annual permit fee application. Upon the initial application of the

manufacturer, packer or distributor, and upon the payment of a fee

of One Hundred Dollars ($100.00) for each brand of antifreeze

submitted, the Corporation Commission shall approve the analysis of

the antifreeze submitted and, if it meets the standards of the

Corporation Commission, and is not in violation of Sections 348

through 348.9 of this title, the Corporation Commission shall issue

the applicant an annual written permit, with an official permit

number, authorizing the sale of such antifreeze in this state for

one (1) fiscal year, July 1 to June 30, in which inspection fee is

paid. However, upon approval of an application for renewal of a

permit, the fee shall not exceed One Hundred Dollars ($100.00). The

original permit and renewal issued by the Corporation Commission

shall bear the same number and shall not be transferable. If the

Corporation Commission shall at a later date find that the product

to be sold, exposed for sale or held with intent to sell has been

materially altered, without the written permission of the

Corporation Commission, adulterated, or a change has been made in

the name, brand or trademark under which the antifreeze is sold, or

it violated the provisions of Sections 348 through 348.9 of this

title, the Corporation Commission shall notify the applicant and the

permit shall be canceled.
Okla. Stat. tit. 17, § 17-206 — OK Code / Title 17 / Section 17-206
Amendments and alterations to Constitution - Legislative
Status: in_force

intent.

It is the intention of the Legislature that Sections 1 through 4

of this act are amendments to, and alterations of Sections 18

through 34, inclusive, of Article IX of the Constitution of the

State of Oklahoma, as authorized by Section 35, Article IX of said

Constitution.
Okla. Stat. tit. 17, § 17-2 — OK Code / Title 17 / Section 17-2
Contempt proceedings - When authorized - Institution of
Status: in_force

prosecution - Notice.

In case of failure of any corporation, person or firm to obey or

comply with any order or requirement of the Corporation Commission,

the Commission may punish such corporation, person or firm, as for

contempt. Such contempt proceedings may be instituted by any

citizen of this state, or other parties affected by such order, by

filing an affidavit with the Corporation Commission, setting forth

the acts of omission or failure to comply with such order or

requirement. Upon the filing of such affidavit or information above

mentioned, it shall be the duty of the Commission to forward to such

offending corporation, person or firm a copy of such affidavit or

information, and shall also issue citation to such corporation,

person or firm to answer at a time to be fixed in the citation, not

less than ten (10) days, nor more than twenty (20) days from the

date of the service of said citation.
Okla. Stat. tit. 17, § 17-281 — OK Code / Title 17 / Section 17-281
Responses to discovery requests
Status: in_force

A. In a public utility proceeding subject to subsection B of

Section 152 of Title 17 of the Oklahoma Statutes, responses to any

Oklahoma Statutes - Title 17. Corporation Commission Page 193

document request, data request or interrogatory shall be due within

ten (10) business days from the date of receipt, unless an objection

is filed or the parties agree in writing to a different response

time.

B. In any other public utility proceeding, responses to any

document request, data request or interrogatory shall be due no

later than twenty (20) days after service of the document or data

request or interrogatory, unless an objection is filed or the

parties agree in writing to a different response time.

C. The Commission may allow a shorter or longer time for

response for good cause shown, but in no event may the Commission

order a response to be served in less than ten (10) business days,

except as otherwise agreed by the parties.

D. Any request or interrogatory received after 3:00 p.m. shall

be deemed received on the next regular business day.
Okla. Stat. tit. 17, § 17-801.7 — OK Code / Title 17 / Section 17-801.7
Construction of act
Status: in_force

Nothing in the Oklahoma Energy Security Act shall be construed

to impair the authority of the Corporation Commission to ensure

reasonable rates for consumers.
Okla. Stat. tit. 17, § 17-18 — OK Code / Title 17 / Section 17-18
Expert witnesses - Documentation of justification
Status: in_force

The Corporation Commission is authorized to employ expert

witnesses to prepare and present testimony in matters pending before

the Commission or in matters concerning the Commission pending in

other state or federal forums. The selection and compensation of

expert witnesses by the Corporation Commission shall be exempt from

the Oklahoma Central Purchasing Act. For expert witnesses selected

pursuant to this section, the Commission shall document, in writing,

the justification for choosing the person selected. The

Oklahoma Statutes - Title 17. Corporation Commission Page 17

justification shall include the number of expert witnesses

considered and the cost to the state. Such documentation shall be

available for public inspection and maintained for a period of not

less than five (5) years.
Okla. Stat. tit. 17, § 17-139.601 — OK Code / Title 17 / Section 17-139.601
Wide Area Calling Plans - Expansion to include sole
Status: in_force

unincluded exchanges.

A. The Corporation Commission shall take action as necessary to

cause the expansion of Wide Area Calling Plans to include every

local telephone exchange which is the sole unincluded exchange

seated in a county where all the other exchanges seated in said

county are already included in a Wide Area Calling Plan.

B. For the purposes of this section, "seated" shall mean the

place at which the central switch for the local exchange is sited.

C. The expansion shall be revenue neutral with respect to the

affected local exchange companies.

D. The inclusion of the affected exchanges shall take effect on

December 31, 1996.
Okla. Stat. tit. 17, § 17-302 — OK Code / Title 17 / Section 17-302
Legislative intent - Public policy
Status: in_force

A. The Legislature finds that the release of regulated

substances from storage tanks into the surface water, groundwater,

air and subsurface soils of this state poses a potential threat to

the environment, health, safety and welfare of the residents of this

state.

Therefore the Legislature declares it is the public policy of

this state to protect the public health, safety, welfare, and the

environment from the potential harmful effects of storage tanks used

to store regulated substances. The Legislature acknowledges that

certain statutory enactments regarding petroleum storage tank

systems are set forth in other titles. To that extent and to

effectuate consolidation, storage tank system inspections and the

regulation of antifreeze are included in the Oklahoma Petroleum

Storage Tank Consolidation Act. In order to implement this policy,

it is the intent of the Legislature to consolidate programs for the

regulation of storage tank systems, antifreeze, inspections and

Indemnity Fund compensation for eligible petroleum storage tank

releases; and that the regulation of spills and releases from

petroleum storage tanks, oversight of petroleum storage tank

environmental corrective action, and the reimbursement of claims for

costs incurred for petroleum storage tank environmental corrective

action be administered by the Oklahoma Corporation Commission

Petroleum Storage Tank Division.

B. The purpose of the Oklahoma Petroleum Storage Tank

Consolidation Act is to provide for the administration of the

various programs within the Oklahoma Corporation Commission

regulating the release or spilling of regulated substances from

petroleum storage tanks and to utilize financial resources for

petroleum storage regulatory services, administration and

reimbursement of claims for environmental corrective action by the

Petroleum Storage Tank Indemnity Fund.

C. The provisions of this act shall be applicable to all

current, pending, past and future contracts, claims and cases within

the jurisdiction of the Petroleum Storage Tank Division; provided,

that this subsection shall not apply to, nor be construed to

authorize or permit the reopening or review of, the underlying claim

or claims of any cases which were formally settled pursuant to a

formal settlement agreement or which a final order was entered by

the Corporation Commission. Further, the provisions of this act

shall not change or modify the terms of purchase order agreements

entered into prior to the effective date of this act.

Oklahoma Statutes - Title 17. Corporation Commission Page 205

D. In addition, to provide that petroleum storage tank

regulatory concerns of industry and the public shall be addressed in

an expedient manner, the Legislature further finds that:

1. Significant quantities of regulated substances are being

stored in storage tank systems in this state;

2. Spills, leaks and other releases of regulated substances

from such storage tank systems have occurred, are occurring and will

continue to occur;

3. Such releases often pose a significant threat to the public

health and safety, the quality of the water and other natural

resources in this state;

4. Where contamination has occurred, corrective action measures

have often been delayed for long periods while determination as to

the liability and extent of liability are made;

5. Such delays result in the continuation and intensification

of the threat to the public health, safety and welfare, in greater

damage to the environment, and in significantly higher costs to

contain and remove the contamination;

6. Adequate financial resources must be readily available to

enable owners, operators and other persons to take the corrective

action necessary to investigate and, if necessary, remediate such

contaminated sites; and

7. Adequate financial resources shall be provided by the

petroleum storage tank program established by the Petroleum Storage

Tank Indemnity Fund and funded by an assessment on the sale of motor

fuel, diesel fuel and blending materials in this state by a

distributor.

E. The Legislature declares that, in order to provide for the

investigation and, if necessary, remediation of as many contaminated

sites resulting from releases of regulated substances from storage

tank systems as soon as possible, any person eligible for Indemnity

Fund reimbursement pursuant to the provisions of this act shall be

compensated for certain allowable costs incurred in connection with

corrective action, subject to the conditions specified by Sections

301 through 348.9 of this title.
Okla. Stat. tit. 17, § 17-53.3 — OK Code / Title 17 / Section 17-53.3
Abandoned oil and gas well-site equipment - State lien
Status: in_force

A. The State of Oklahoma shall have a lien upon any abandoned

oil and gas well-site equipment situated upon a lease site,

including but not limited to production and storage structures,

along with their contents, in an amount equal to the cost of

plugging all wells associated with said lease and restoring the

site. The lien created by this act shall attach only to abandoned

oil and gas well-site equipment located on or affixed to an oil or

gas well which has been or is required to be plugged, replugged or

repaired by rules of the Commission.

B. Well-site equipment is presumed abandoned if:

1. For longer than one (1) year, the well has shown no activity

in terms of production, injection, disposal or testing, and has not

otherwise been maintained in compliance with plugging rules; and

2. a. the last operator of record is without valid surety as

required by Section 318.1 of Title 52 of the Oklahoma

Oklahoma Statutes - Title 17. Corporation Commission Page 34

Statutes and cannot be located by the Corporation

Commission after diligent search, or

b. the last operator of record has plugging liability in

excess of the amount of such operator's surety as

filed with the Corporation Commission.

The presumption of abandonment shall apply only for purposes of the

lien created herein and shall have no effect upon the term,

duration, or continued existence of any property or contract right

in the premises.

C. The lien created by this section shall be perfected against

the equipment when notice of the lien is filed in the office of the

county clerk of the county or counties where the equipment is

situated. Upon receipt, the county clerk shall record the notice in

the tract index and in the mechanic's lien journal. The notice

shall contain a description of each item upon which a lien is

claimed, and a legal description of the site upon which the

equipment is situated.

D. The lien provided for in this section shall be subject to

all prior perfected liens.

E. The lien created by this section shall be assignable by the

Corporation Commission.

For purposes of this act the term "abandoned well" shall mean

those wells that are described and listed in a report published by

the Corporation Commission identifying oil or gas wells which have

been determined to be abandoned or orphaned by the Corporation

Commission as a result of bankruptcy, inability to find the owner,

or for other reasons.
Okla. Stat. tit. 17, § 17-158.45 — OK Code / Title 17 / Section 17-158.45
Provisions in conflict or inconsistent with
Status: in_force

Constitution.

If the Retail Electric Consumer Cost Reduction, Safety and

Service Efficiency Act, or any provision hereof is, or may be deemed

to be, in conflict or inconsistent with any of the provisions of

Sections 18 through 34, inclusive, of Article IX of the Constitution

of the State of Oklahoma, then, to the extent of any such conflicts

or inconsistencies, it is hereby expressly declared this entire act

and this section are amendments to and alterations of said sections

of the Constitution, as authorized by Section 35 of Article IX of

said Constitution.
Okla. Stat. tit. 17, § 17-327.1 — OK Code / Title 17 / Section 17-327.1
Assessment on motor fuel – Exemptions - Allocation
Status: in_force

A. Except as otherwise provided by this section, there shall be

an assessment of one cent ($0.01) per gallon upon the sale of each

gallon of motor fuel used or consumed in this state. The assessment

imposed pursuant to the provisions of this section shall be for the

purposes of providing revenue to:

1. The Corporation Commission Revolving Fund pursuant to

paragraph 1 of subsection C of this section;

2. The Petroleum Storage Tank Indemnity Fund pursuant to

paragraphs 3 and 4 of subsection C of this section;

3. The State Transportation Fund pursuant to subparagraph b of

paragraph 5 of subsection C of this section;

4. The Corporation Commission Storage Tank Revolving Fund

pursuant to subparagraph a of paragraph 5 of subsection C of this

section;

5. The Department of Environmental Quality Revolving Fund

pursuant to paragraph 2 of subsection C of this section; and

Oklahoma Statutes - Title 17. Corporation Commission Page 242

6. The Weigh Station Improvement Revolving Fund pursuant to

paragraph 3 of subsection C of this section.

The assessment shall be imposed at the time of the sale of the

motor fuel and shall be precollected and remitted to the Oklahoma

Tax Commission in accordance with Section 500.1 et seq. of Title 68

of the Oklahoma Statutes and as provided by Section 327.2 of this

title.

B. 1. Exempt from the assessment imposed pursuant to

subsection A of this section are:

a. the state government,

b. the federal government,

c. Class I and Class II railroads, and

d. sales for exportation outside of this state by a

licensed exporter.

2. Exempt from the assessment imposed for purposes specified in

paragraph 3 of subsection A of this section are sales of:

a. motor fuel used solely and exclusively in district-

owned or leased public school buses, FFA and 4-H Club

trucks for the purposes of legally transporting public

school children, or in the operation of vehicles used

in driver training,

b. motor fuels used solely and exclusively to propel

motor vehicles on the public roads and highways of

this state when leased or owned and being operated for

the sole benefit of a county, city, town, volunteer

fire department with a state certification and rating,

rural electric cooperative, rural water and sewer

district, rural ambulance service district, or

federally recognized Indian tribe as specified by

Section 500.10 of Title 68 of the Oklahoma Statutes,

c. motor fuel to counties and cities and towns,

d. diesel fuel for off-road purposes specified by Section

500.10 of Title 68 of the Oklahoma Statutes,

e. motor fuel used for agricultural purposes specified by

Section 500.10 of Title 68 of the Oklahoma Statutes,

and

f. motor fuel used in aircraft or in aircraft engines

pursuant to Section 500.10 of Title 68 of the Oklahoma

Statutes.

C. The assessment imposed by subsection A of this section shall

be distributed in the following manner:

1. The first One Million Dollars ($1,000,000.00) collected

during each fiscal year shall be deposited into the Corporation

Commission Revolving Fund created in Section 180.7 of Title 17 of

the Oklahoma Statutes;

2. After deduction of the amount required pursuant to paragraph

1 of this subsection, eight percent (8%) of the remainder of the

Oklahoma Statutes - Title 17. Corporation Commission Page 243

revenue collected during each fiscal year shall be deposited into

the Department of Environmental Quality Revolving Fund created in

Section 2-3-401 of Title 27A of the Oklahoma Statutes;

3. Until the total amount deposited since July 1, 2008, in the

Weigh Station Improvement Revolving Fund totals Eighty-one Million

Dollars ($81,000,000.00), Five Hundred Thousand Dollars

($500,000.00) per month of all revenue from the assessment received

over the amount required by paragraphs 1 and 2 of this subsection

shall be deposited in the Weigh Station Improvement Revolving Fund,

created in Section 1167 of Title 47 of the Oklahoma Statutes and

shall be used solely for the purpose of constructing weigh stations;

4. After the total amount deposited in the Weigh Station

Improvement Revolving Fund totals Eighty-one Million Dollars

($81,000,000.00), any revenue from the assessment received over the

amounts required in paragraphs 1 and 2 of this subsection shall be

deposited in the Petroleum Storage Tank Indemnity Fund as provided

in this section in amounts necessary to maintain the maintenance

level of the Indemnity Fund pursuant to subsection D of this

section; and

5. The balance of any revenue from the assessment remaining

above the amount required in paragraphs 1 through 4 of this

subsection shall be deposited as follows:

a. the first One Million Dollars ($1,000,000.00)

collected during each fiscal year shall be deposited

in the Corporation Commission Storage Tank Revolving

Fund for the purpose of implementing the provisions of

the Oklahoma Petroleum Storage Tank Consolidation Act

and the rules promulgated thereunder, and

b. the balance of the monies collected during each fiscal

year shall be deposited in the State Transportation

Fund and shall be used solely for the purpose of

matching Federal-Aid funds for the construction of

highways and roads in this state.

D. 1. If at any time the Petroleum Storage Tank Indemnity Fund

falls below the required maintenance level on or before December 31,

2032, the Administrator shall notify the Tax Commission that the

Indemnity Fund has fallen below the required maintenance level and

that the assessment is to be deposited into the Indemnity Fund for

at least three (3) calendar months pursuant to the provisions of

paragraph 2 of this subsection.

2. At least fifteen (15) days prior to the calendar month in

which the assessment is to be collected for credit to the Indemnity

Fund, the Tax Commission, upon notification by the Administrator

that the Indemnity Fund has fallen below the required maintenance

level, shall notify the suppliers, licensed importers or other

appropriate persons that the assessment is being imposed for

purposes of maintaining the Indemnity Fund. The notice shall

Oklahoma Statutes - Title 17. Corporation Commission Page 244

include a date certain upon which to begin collecting the assessment

for credit to the Indemnity Fund and a date certain for ending the

assessment for credit to the Indemnity Fund. Upon notice by the Tax

Commission that the assessment imposed is for credit to the

Indemnity Fund, the supplier, licensed importer or other appropriate

person shall also assess, for the specified period required by the

Tax Commission, the sales of:

a. motor fuel used solely and exclusively in district-

owned or leased public school buses, FFA and 4-H Club

trucks for the purposes of legally transporting public

school children or in the operation of vehicles used

in driver's training,

b. motor fuels used solely and exclusively to propel

motor vehicles on the public roads and highways of the

state when leased or owned and being operated for the

sole benefit of a county, city or town, volunteer fire

department with a state certification and rating,

rural electric cooperative, rural water and sewer

district, rural ambulance service district, or

federally recognized Indian tribe as specified by

Section 500.10 of Title 68 of the Oklahoma Statutes,

c. motor fuel to counties and cities and towns,

d. diesel fuel for off-road purposes specified by Section

500.10 of Title 68 of the Oklahoma Statutes,

e. motor fuel used for agricultural purposes specified by

Section 500.10 of Title 68 of the Oklahoma Statutes,

and

f. motor fuel used in aircraft and aircraft engines

pursuant to Section 500.10 of Title 68 of the Oklahoma

Statutes.

3. After the collection period required by this subsection has

expired, the revenue collected from the assessment shall be again

deposited in the Corporation Commission Storage Tank Revolving Fund

and the State Transportation Fund as provided in paragraph 5 of

subsection C of this section.
Okla. Stat. tit. 17, § 17-510 — OK Code / Title 17 / Section 17-510
Increase or decrease of unit area size
Status: in_force

A. The Commission shall have jurisdiction to increase the size

of an existing unit area where it is shown, upon proper application,

notice and hearing that:

1. Land adjacent to the existing unit is underlain by the same

common source of supply as that found within the unit area; and

2. Inclusion of the additional land will either:

a. increase unit efficiency, or

b. result in greater ultimate recovery of brine, or

c. prevent waste; and

3. Inclusion of the additional land is fair, just and

reasonable, both to parties owning brine interests in the additional

land and to parties owning interests in the existing unit; and

4. The requirements of Section 9 of this act have been met.

B. The Commission shall have jurisdiction to decrease the size

of an existing unit where it is shown, upon proper application,

notice and hearing, that the land to be excluded is of no value to

the unit because:

1. It is not underlain by the common source of supply; and

2. Its presence does not contribute to more efficient unit

operations, by providing the site for an injection well or wells, or

by assisting in the conduct of waterflood operations, or by

otherwise increasing unit efficiency; and

3. Exclusion of the land is fair, just and reasonable.
Okla. Stat. tit. 17, § 17-166.2 — OK Code / Title 17 / Section 17-166.2
Purchase of transcripts - Utilization of Oil and Gas
Status: in_force

Revolving Fund.

In addition to other purposes now authorized by law, the

Corporation Commission is authorized to utilize the Oil and Gas

Revolving Fund for the purpose of purchasing transcripts of

proceedings before the Commission, or before any other court, agency

or board.
Okla. Stat. tit. 17, § 17-162 — OK Code / Title 17 / Section 17-162
Administrative law judges - Powers - No additional
Status: in_force

compensation.

The Corporation Commission is authorized and empowered to assign

persons in its regular employ as administrative law judges who shall

have power to administer oaths, examine witnesses, and receive

evidence and report the same to the Corporation Commission, under

such rules as the Commission may adopt. A person or persons so

assigned shall not be entitled to any compensation other than the

regular salary for the position for which they may be regularly

employed for performing the services of administrative law judge.
Okla. Stat. tit. 17, § 17-525 — OK Code / Title 17 / Section 17-525
Willful and knowing entry upon premises, failure to post
Status: in_force

bond, failure to request appraisers, etc. - Treble damages - Trial

de novo.

Upon presentation of clear, cogent and convincing evidence that

the operator willfully and knowingly entered upon the premises for

the purpose of commencing the drilling of a well before giving

notice of such entry or without the agreement of the surface owner,

the court may, in a separate action, award treble damages. The

issue of noncompliance shall be a fact question, determinable

without jury, and a de novo issue in the event of appeal.

Any operator who willfully and knowingly fails to keep posted

the required bond or who fails to notify the surface owner, prior to

entering, or fails to come to an agreement and does not ask the

court for appraisers, shall pay, at the direction of the court,

treble damages to the surface owner.

Oklahoma Statutes - Title 17. Corporation Commission Page 289

Damages collected pursuant to this act shall not preclude the

surface owner from collecting any additional damages caused by the

operator at a subsequent date.
Okla. Stat. tit. 17, § 17-87 — OK Code / Title 17 / Section 17-87
Payment of state costs
Status: in_force

All such division of costs that become an obligation of the

state shall be paid from funds accruing to the credit of the State

Highway Construction and Maintenance Fund under 68 O.S.1963, Supp.,

§ 5-504(b), and all such division of costs that become an obligation

of a municipal corporation or other political subdivision of the

state shall be paid from the funds accruing to the various counties

of the state under 68 O.S.1963 Supp., § 5-504(d).
Okla. Stat. tit. 17, § 17-160.16 — OK Code / Title 17 / Section 17-160.16
Statement to landowner
Status: in_force

For those landowners who are paid based on the amount of

electrical energy produced from the conversion of wind energy, the

owner or operator of any wind turbine or wind energy facility shall

provide a statement within ten (10) business days of the payment to

the landowner in consideration for the use of the property of the

landowner to generate electrical energy from the conversion of wind

energy. The statement shall provide, at a minimum, information

reasonably necessary to provide the landowner an understanding of

the basis for the payment to the landowner and a means of confirming

its accuracy.

Oklahoma Statutes - Title 17. Corporation Commission Page 128
Okla. Stat. tit. 17, § 17-820.5 — OK Code / Title 17 / Section 17-820.5
Financial assurance
Status: in_force

A. A solar power facility agreement shall provide that the

grantee obtain and deliver to the landowner evidence of financial

Oklahoma Statutes - Title 17. Corporation Commission Page 308

assurance that conforms to the requirements of this section to

secure the performance of the grantee's obligation to remove the

grantee's solar power facilities located on the landowner's property

as described by Section 5 of this act. Acceptable forms of

financial assurance include a parent company guaranty with a minimum

investment grade credit rating for the parent company issued by a

major domestic credit rating agency, a letter of credit, a bond, or

another form of financial assurance reasonably acceptable to the

landowner.

B. The amount of the financial assurance must be at least equal

to the estimated amount by which the cost of removing the solar

power facilities from the landowner's property and restoring the

property to as near as reasonably possible the condition of the

property as of the date the agreement begins exceeds the salvage

value of the solar power facilities, less any portion of the value

of the solar power facilities pledged to secure outstanding debt.

C. The agreement shall provide that:

1. The estimated cost of removing the solar power facilities

from the landowner's property and restoring the property to as near

as reasonably possible the condition of the property as of the date

the agreement begins and the estimated salvage value of the solar

power facilities must be determined by an independent, third-party

professional engineer licensed in this state;

2. The grantee shall deliver to the landowner an updated

estimate, prepared by an independent, third-party professional

engineer licensed in this state, of the cost of removal and the

salvage value:

a. on or before the tenth anniversary of the commercial

operations date of the solar power facilities, and

b. at least once every five (5) years after the

commercial operations date of the solar power

facilities for the remainder of the term of the

agreement; and

3. The grantee is responsible for ensuring that the amount of

the financial assurance remains sufficient to cover the amount

required by subsection B of this section, consistent with the

estimates required by this subsection.

D. The grantee is responsible for the costs of obtaining

financial assurance described by this section and costs of

determining the estimated removal costs and salvage value.

E. The agreement must provide that the grantee shall deliver

the financial assurance not later than the earlier of:

1. The date the solar power facility agreement is terminated;

or

2. The twentieth anniversary of the commercial operations date

of the solar power facilities located on the landowner's leased

property.

Oklahoma Statutes - Title 17. Corporation Commission Page 309

F. For purposes of this section, "commercial operations date"

means the date on which the solar power facilities are approved for

participation in market operations by a regional transmission

organization and does not include the generation of electrical

energy or other operations conducted before that date for purposes

of maintenance and testing.

G. The grantee may not cancel financial assurance before the

date the grantee has completed the grantee's obligation to remove

the grantee's solar power facilities located on the landowner's

property in the manner provided by this act, unless the grantee

provides the landowner with replacement financial assurance at the

time of or before the cancellation. In the event of a transfer of

ownership of the grantee's solar power facilities, the financial

security provided by the grantee shall remain in place until the

date evidence of financial security meeting the requirements of this

act is provided to the landowner.
Okla. Stat. tit. 17, § 17-801.4 — OK Code / Title 17 / Section 17-801.4
Renewable energy standard
Status: in_force

A. The Legislature declares that it is in the public interest

to promote renewable energy development in order to best utilize the

abundant natural resources found in this state.

B. It is hereby declared the intent of the State of Oklahoma to

increase the use of renewable energy in the state by setting a

renewable energy standard that will serve as a goal to be reached by

the year 2015.

C. There is hereby established a renewable energy standard for

the state that will serve as a goal for the year 2015. The

renewable energy standard shall be a goal that fifteen percent (15%)

of all installed capacity of electricity generation within the state

by the year 2015 be generated from renewable energy sources.

D. For purposes of this section, qualifying renewable energy

resources shall include:

1. Wind;

2. Solar;

3. Photovoltaic;

4. Hydropower;

5. Hydrogen;

6. Geothermal;

7. Biomass, which projects may include agricultural crops,

wastes, and residues, wood, animal and other degradable organic

wastes, municipal solid waste, and landfill gas;

8. Distributed generation from an eligible renewable energy

resource where the generating facility or any integrated cluster of

such facilities has an installed generating capacity of not more

than five (5) megawatts;

9. Other renewable sources approved by the Commission; and

10. Demand side management and energy efficiency as provided in

Section 6 of this act.

E. Steam export capacity at a qualified renewable energy

resource shall count toward the goal established in subsection C of

this section.

F. The annual renewable energy percentage shall be determined

by dividing all installed capacity of renewable electricity

generation in Oklahoma by the total installed capacity of all

electricity generation in Oklahoma. Every electricity generating

entity or company operating electricity generation facilities in

Oklahoma Statutes - Title 17. Corporation Commission Page 297

Oklahoma shall report to the Commission by March 1 each year the

installed capacity of each of its generating facilities, the number

of kilowatt hours generated by each facility in Oklahoma and from

which source of energy the electricity was produced.
Okla. Stat. tit. 17, § 17-282 — OK Code / Title 17 / Section 17-282
Settlement conferences
Status: in_force

A. In any contested public utility rate proceeding, the

Corporation Commission shall at the request of any of the parties,

order a settlement conference among the parties, to be held at a

time and place to be fixed by the Commission. Provided, however,

that the Commission may terminate any settlement conference, upon a

motion by any party, if it finds that any party is failing to

participate in the process in good faith or that there is no

probability of settlement.

B. An individual designated by the Commission with the

concurrence of the utility and the Attorney General will preside as

settlement judge at the settlement conference. The settlement judge

shall take no part in adjudicating the case subsequent to the

settlement conference.

C. Scheduling of settlement conferences will not continue,

delay, or otherwise interfere with scheduling dates set pursuant to

a scheduling order. Likewise, the scheduling dates set at the

prehearing or scheduling conference will not affect the date of a

settlement conference set pursuant to a separate settlement

conference order.

D. At least one attorney who is fully familiar with the

proceeding or cause shall appear for each party. A person or

representative with full settlement authority shall accompany the

attorney to the settlement conference. The settlement judge

presiding over the settlement conference may make such other and

additional requirements of the parties as shall be deemed proper in

order to expedite an amicable resolution of the case. The

settlement authority of the Public Utility Division of the

Corporation Commission shall be extended from the director of that

division.

Oklahoma Statutes - Title 17. Corporation Commission Page 194

E. Any settlement reached by the parties shall be subject to

the approval of the Commission.

F. All matters discussed at a settlement conference, and any

materials which may be distributed in connection with a settlement

conference, shall be considered privileged and confidential.

Accordingly, all such matters and materials shall not be admissible

in any public utility rate proceeding, and shall not be disclosed to

the Commission, except for any settlement reached by the parties

which is submitted to the Commission for approval under subsection E

of this section.
Okla. Stat. tit. 17, § 17-190.2 — OK Code / Title 17 / Section 17-190.2
Purpose of act - Goals of restructured electric utility
Status: in_force

industry.

The purpose of this act is provide for the orderly restructuring

of the electric utility industry in the State of Oklahoma in order

to allow direct access by retail consumers to the competitive market

for the generation of electricity while maintaining the safety and

reliability of the electric system in this state.

A competitive and diverse retail electric market should result

in lower electricity prices for consumers, create business

opportunities, and encourage the development of increased and

enhanced services.

Monopoly utility regulation has been used as a substitute for

competition in the supply of electricity, but recent changes in the

energy marketplace and technology as well as the passage of the

National Energy Policy Act of 1992 and implementation of Order No.

888 by the Federal Energy Regulatory Commission have resulted in

increased competition in the electric generation industry. The

introduction of consumer choice in retail electric energy suppliers

will result in market forces rather than regulation determining the

cost and quality of electricity for all consumers.

Restructuring of the electric utility industry to provide

greater competition and more efficient regulation is a national

trend and the State of Oklahoma must aggressively pursue

restructuring and increased consumer choice in order to provide

electric generation service at the lowest and most competitive

rates.

The primary goals of a restructured electric utility industry

are as follows:

1. To reduce the cost of electricity for as many consumers as

possible, helping industry to be more competitive, to create more

jobs in this state and help lower the cost of government by reducing

the amount and type of regulation now paid for by taxpayers;

2. To encourage the development of a competitive electricity

industry through the unbundling of prices and services and

separation of generation services from transmission and distribution

services;

3. To enable retail electric energy suppliers to engage in fair

and equitable competition through open, equal and comparable access

to transmission and distribution systems and to avoid wasteful

duplication of facilities;

Oklahoma Statutes - Title 17. Corporation Commission Page 162

4. To ensure that direct access by retail consumers to the

competitive market for generation be implemented in the State of

Oklahoma by July 1, 2002; and

5. To ensure that proper standards of safety, reliability and

service are maintained in a restructured electric service industry.

It is in the best interest of the citizens of this state to

efficiently and expeditiously move forward to increased competition

in the generation and sale of electric energy. To ensure a

successful transition to a competitive marketplace, a thorough

assessment of issues and consequences associated with restructuring

shall be undertaken as provided by this act.
Okla. Stat. tit. 17, § 17-264 — OK Code / Title 17 / Section 17-264
Article headings
Status: in_force

Article headings contained in this act shall not be deemed to

govern, limit or in any manner affect the scope, meaning or intent

of the provisions of any article or section therein.
Okla. Stat. tit. 17, § 17-191.2 — OK Code / Title 17 / Section 17-191.2
Procedure for acquisition, control or merger of certain
Status: in_force

domestic public utilities.

No person, other than the issuer of the securities of the

domestic public utility or an affiliate of such an issuer, shall

make a tender offer for, request or invite tenders of, or enter into

any agreement to exchange, seek to acquire, or acquire, in the open

market or otherwise, any voting security of a domestic public

utility regulated by the Corporation Commission or any holding

company controlling such domestic public utility 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 domestic public utility or holding company,

and no person shall merge with or otherwise acquire control of a

domestic public utility or holding company unless the acquiring

party is an affiliate of such domestic public utility or holding

company or unless, at the time any such offer, request or invitation

is made or any such merger is consummated, or prior to the

acquisition of such securities if no offer or agreement is involved,

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

Oklahoma Statutes - Title 17. Corporation Commission Page 174

domestic public utility or holding company, a statement containing

the information required by Section 191.3 of this title and such

offer, request, invitation, merger or acquisition has been approved

by the Commission in the manner prescribed in Section 191.5 of this

title. The Commission may modify the aforementioned procedures to

the extent necessary to conform to the requirements of Regulation

14D under the Securities Exchange Act of 1934, 15 U.S.C. Sections

78a-78jj, as amended.
Okla. Stat. tit. 17, § 17-308.1 — OK Code / Title 17 / Section 17-308.1
Storage tank systems for regulated substances - Permit
Status: in_force

fees - Penalties.

A. An annual permit fee of not more than Twenty-five Dollars

($25.00) per tank shall be assessed by the Corporation Commission

upon each owner or operator of a storage tank system for regulated

substances. Such fee shall be assessed upon each storage tank or

storage tank compartment owned or operated by such owner or operator

whether in use or not.

B. Failure to pay the fees required by subsection A of this

section shall subject an owner or operator of a storage tank system

to:

1. A penalty of fifty percent (50%) of the computed total fee

due and owing by such owner and operator; or

2. Storage tank system shutdown, suspension or nonrenewal of

the permit to operate such system issued by the Commission until

payment of such fees or penalty, or both, so assessed; or

3. All such penalty, shutdown of storage tank system and permit

suspension or nonrenewal.
Okla. Stat. tit. 17, § 17-16 — OK Code / Title 17 / Section 17-16
Penalty for destroying records
Status: in_force

Any person who shall conceal, destroy, or mutilate or attempt to

conceal, destroy, or mutilate any records, books, or files of any

corporation transacting business in this state for the purpose of

defeating, hindering or delaying any investigation, prosecution or

suit at law or equity, or any cause of action in any vested rights

of any citizen of this state, shall be deemed guilty of a Class D1

felony offense, and upon conviction thereof shall be punished by

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes.

R.L. 1910, § 1206. Amended by Laws 1997, c. 133, § 137, eff. July

1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 63, eff. July 1, 1999;
Okla. Stat. tit. 17, § 17-158.26 — OK Code / Title 17 / Section 17-158.26
Contracts between suppliers
Status: in_force

Notwithstanding the effectuation of certified territories

established by or pursuant to this act, and the exclusive right to

Oklahoma Statutes - Title 17. Corporation Commission Page 93

service within such territory, a retail electric supplier may

contract with another retail electric supplier for the purpose of

allocating territories and consumers between such retail electric

suppliers and designating which territories and consumers are to be

served by which of said retail electric suppliers. Notwithstanding

any other provisions of law, a contract between retail electric

suppliers as herein provided when approved by the Commission shall

be valid and enforceable. The Commission shall approve such

contract if it finds that the contract will promote the purposes of

Section 3 and will provide adequate and reasonable service to all

areas and consumers affected thereby.
Okla. Stat. tit. 17, § 17-328 — OK Code / Title 17 / Section 17-328
Oklahoma Leaking Underground Storage Tank Trust Fund -
Status: in_force

Oklahoma Leaking Underground Storage Tank Revolving Fund.

A. There is hereby created in the State Treasury a fund for the

Corporation Commission to be designated the "Oklahoma Leaking

Underground Storage Tank Trust Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of loans and grants from the federal government and any

state matching funds required by the federal government with regard

to underground storage tanks.

Oklahoma Statutes - Title 17. Corporation Commission Page 256

B. There is hereby created in the State Treasury a revolving

fund for the Corporation Commission to be designated the "Oklahoma

Leaking Underground Storage Tank Revolving Fund". The fund shall be

a continuing fund, not subject to fiscal year limitations, and shall

consist of monies from public or private sources, and any monies

collected pursuant to the provisions of this section.

C. All monies accruing to the credit of the Oklahoma Leaking

Underground Storage Tank Trust Fund and the Oklahoma Leaking

Underground Storage Tank Revolving Fund are hereby appropriated and

may be budgeted and expended by the Corporation Commission only for

the purpose provided in this section, to best protect human health

and the environment. Expenditures from the funds 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.

D. The Corporation Commission is hereby given the power and

authority to receive, administer and authorize payments from the

Oklahoma Leaking Underground Storage Tank Trust Fund and the

Oklahoma Leaking Underground Storage Tank Revolving Fund. The

Commission shall establish separate accounts and subaccounts within

the Oklahoma Leaking Underground Storage Tank Trust Fund and the

Oklahoma Leaking Underground Storage Tank Revolving Fund deemed

necessary to implement the provisions of this section.

E. For the purpose of immediately responding to emergency

situations created by leaking underground storage tanks having

potentially critical environmental or public health or safety

impact, the Corporation Commission may take whatever action it deems

necessary without notice or hearing, including the expenditure of

monies from either the Oklahoma Leaking Underground Storage Tank

Trust Fund or the Oklahoma Leaking Underground Storage Tank

Revolving Fund or from both such funds to promptly respond to the

emergency.

F. 1. The Corporation Commission shall seek reimbursement from

the responsible person, firm or corporation for all expenditures

made from either the Oklahoma Leaking Underground Storage Tank Trust

Fund or the Oklahoma Leaking Underground Storage Tank Revolving Fund

or from both such funds. All monies received by the Corporation

Commission as reimbursement or penalties relating to expenditures

made from the Oklahoma Leaking Underground Storage Tank Trust Fund

or Oklahoma Leaking Underground Storage Tank Revolving Fund shall be

transferred for deposit to the credit of the Oklahoma Leaking

Underground Storage Tank Revolving Fund. All monies received by the

Corporation Commission as reimbursement or penalties relating to

expenditures made from the Corporation Commission Storage Tank

Revolving Fund shall be transferred for deposit to the Corporation

Commission Storage Tank Revolving Fund.

Oklahoma Statutes - Title 17. Corporation Commission Page 257

2. The owner or operator is liable for the cost of the

corrective action taken by the Corporation Commission pursuant to

this subsection, including the cost of investigating the release and

administrative and legal expenses, if:

a. the owner or operator has failed to take a corrective

action ordered by the Commission and the Commission

has taken the corrective action, or

b. the Petroleum Storage Tank Division has taken

corrective action in an emergency.

3. Reasonable and necessary expenses incurred by the Commission

in taking a corrective action, including costs of investigating a

release and administrative and legal expenses, may be recovered in

an administrative proceeding. The Commission's certification of

expenses is prima facie evidence that the expenses are reasonable

and necessary. Expenses that are recovered under this subsection

shall be deposited in the Oklahoma Leaking Underground Storage Tank

Revolving Fund.

G. Any owner or operator of an underground storage tank who

fails to comply with any order issued by the Corporation Commission

for corrective or enforcement actions may be subject to an

administrative penalty not to exceed Twenty-five Thousand Dollars

($25,000.00) for each underground tank for each day of violation.

The administrative penalties assessed and collected by the

Corporation Commission shall be deposited to the Oklahoma Leaking

Underground Storage Tank Revolving Fund to be disbursed by the

Commission in support of relevant agency activities.
Okla. Stat. tit. 17, § 17-181 — OK Code / Title 17 / Section 17-181
Definitions
Status: in_force

In this act unless the context otherwise requires:

(1) "Public utility" means and embraces every corporation

organized or doing business in this state, (except a

municipal corporation or other political subdivision

of this state), that now owns or hereafter may own,

operate or manage any plant or equipment for the

manufacture, production, transmission, delivery or of

furnishing electric current for light, heat or power

for public use in this state, 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.

(2) "Commission" means the Corporation Commission of the

State of Oklahoma.

(3) "Securities" means capital stock and evidences of

indebtedness having the standing of negotiable

instruments of a public utility, not including,

Oklahoma Statutes - Title 17. Corporation Commission Page 158

however, any such obligation falling due twelve (12)

months or less after its issuance.
Okla. Stat. tit. 17, § 17-820.4 — OK Code / Title 17 / Section 17-820.4
Required agreement terms
Status: in_force

A. A solar power facility agreement shall provide that the

grantee is responsible for removing the grantee's solar power

facilities from the landowner's property and that the grantee shall,

in accordance with any other applicable laws or regulations, safely:

1. Clear, clean, and remove from the property each solar energy

device, transformer, and substation;

2. For each foundation of a solar energy device, transformer,

or substation installed in the ground:

a. clear, clean, and remove the foundation from the

ground to a depth of at least three (3) feet below the

surface grade of the land in which the foundation is

installed, and

b. ensure that each hole or cavity created in the ground

by the removal is filled with soil of the same type or

a similar type as the predominant soil found on the

property;

3. For each buried cable, including power, fiber-optic, and

communications cables, installed in the ground:

Oklahoma Statutes - Title 17. Corporation Commission Page 307

a. clear, clean, and remove the cable from the ground to

a depth of at least three (3) feet below the surface

grade of the land in which the cable is installed, and

b. ensure that each hole or cavity created in the ground

by the removal is filled with soil of the same type or

a similar type as the predominant soil found on the

property; and

4. Clear, clean, and remove from the property each overhead

power or communications line installed by the grantee on the

property at the request of the landowner.

B. The agreement shall provide that, at the request of the

landowner, the grantee shall:

1. Clear, clean, and remove each road constructed by the

grantee on the property; and

2. Ensure that each hole or cavity created in the ground by the

removal is filled with soil of the same type or a similar type as

the predominant soil found on the property.

C. The agreement shall provide that, at the request of the

landowner, if reasonable, the grantee shall:

1. Remove from the property all rocks over twelve (12) inches

in diameter excavated during the decommissioning or removal process;

2. Return the property to a tillable state using scarification,

V-rip, or disc methods, as appropriate; and

3. Ensure that:

a. each hole or cavity created in the ground by the

removal is filled with soil of the same type or a

similar type as the predominant soil found on the

property, and

b. the surface is returned as near as reasonably possible

to the same condition as before the grantee dug holes

or cavities, including by reseeding pastureland with

native grasses prescribed by an appropriate

governmental agency, if any. Noninvasive grasses

shall be allowed when reseeding native grasses is not

economically feasible.

D. The landowner shall make a request under subsection B or C

of this section not later than the one hundred eightieth day after

the later of:

1. The date on which the solar power facility is no longer

capable of generating electricity in commercial quantities; or

2. The date the landowner receives written notice of intent to

decommission the solar power facility from the grantee.
Okla. Stat. tit. 17, § 17-308 — OK Code / Title 17 / Section 17-308
Permits - Registration - Fees - Inspection - Financial
Status: in_force

responsibility coverage.

A. 1. Except as otherwise provided by this subsection, no

storage tank system or facility shall be operated without a permit

from the Corporation Commission.

2. A storage tank system is not required to be permitted if the

tank system:

a. does not contain or has not contained a regulated

substance, or

b. has been permanently closed or has not been in

operation since January 1, 1974.

B. No person shall deposit a regulated substance into a storage

tank system unless the system is operating pursuant to a permit

issued by the Commission.

Oklahoma Statutes - Title 17. Corporation Commission Page 222

C. Any person who sells a storage tank system shall notify the

owner or operator, or both, of the permit requirements of the

Oklahoma Petroleum Storage Tank Consolidation Act, Section 301 et

seq. of this title.

D. A storage tank registration form must be provided to and

approved by the Commission before a permit is issued. In addition

to other information requested by the Commission, the registration

form shall include the type of financial responsibility coverage

utilized to comply with the requirements of the Oklahoma Petroleum

Storage Tank Consolidation Act and by rule of the Commission and the

type of leak detection method employed.

E. 1. Permits shall be issued by the Commission for a period

not to exceed one (1) year.

2. Any permit issued pursuant to the provisions of the Oklahoma

Petroleum Storage Tank Consolidation Act may be transferred subject

to rules promulgated by the Commission and only upon approval by the

Commission.

3. Any permittee subject to the provisions of the Oklahoma

Petroleum Storage Tank Consolidation Act shall be deemed to have

given consent to any duly authorized employee or agent of the

Commission to access, enter, inspect or monitor, the tank system or

facility in accordance with the provisions of the Oklahoma Petroleum

Storage Tank Consolidation Act. Refusal to allow such access,

entry, or inspection may constitute grounds for the denial,

nonrenewal, suspension, or revocation of a permit. Upon refusal of

access, entry, inspection, sampling or copying pursuant to this

section, the Director may make application for and obtain an

administrative warrant or an order from the Commission after notice

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

copying.

4. The owner or operator of a storage tank system shall display

the permit in a conspicuous location or manner easily visible to any

person depositing a regulated substance into a storage tank system

even after normal business hours.

F. Any permit fee collected pursuant to the Oklahoma Petroleum

Storage Tank Consolidation Act shall be deposited in the Corporation

Commission Storage Tank Revolving Fund.

G. The Commission may deny approval of a storage tank

registration, or refuse to reissue, suspend or revoke a permit

issued pursuant to the Oklahoma Petroleum Storage Tank Consolidation

Act if the Commission finds, after notice and a hearing pursuant to

Section 311 of this title that the applicant or permittee has:

1. Fraudulently or deceptively obtained or attempted to obtain

a permit;

2. Failed to comply with any order of the Commission, provision

or requirement of this act or any rules promulgated by the

Oklahoma Statutes - Title 17. Corporation Commission Page 223

Commission in accordance with the provisions of the Oklahoma

Petroleum Storage Tank Consolidation Act; or

3. Not maintained in effect, the financial responsibility

requirements established by subsection H of this section and by

rules of the Commission.

H. Any person owning or operating a storage tank system

containing a regulated substance who is not otherwise exempted by

law or rule of the Commission shall obtain and have in effect

financial responsibility coverage for taking corrective action and

for compensating third parties for physical injury and property

damage caused by releases arising from operating storage tank

systems. The requirement for financial responsibility coverage

specified by this subsection shall not be more stringent than is

required by the federal Environmental Protection Agency for storage

tank systems of equal type, age, and classification.
Okla. Stat. tit. 17, § 17-139.108 — OK Code / Title 17 / Section 17-139.108
Provisions applicable to OneNet and the Oklahoma
Status: in_force

Government Telecommunications Network.

A. Except for the provisions of this section, nothing in this

act shall be construed as applicable to the telecommunications

network known as OneNet or to any other component of the Oklahoma

Government Telecommunications Network. Neither OneNet nor any other

component of the Oklahoma Government Telecommunications Network

shall be assessed any fee or other charge for the support of

universal service.

B. No provider of Internet service or any company providing

telecommunications services or its affiliate or subsidiary, may

price such Internet service in an anticompetitive, discriminatory,

or predatory manner or subsidize the price of Internet service with

revenues received from other services. No governmental agency or

entity using or being eligible to use OneNet facilities may price

such Internet services in an anticompetitive or predatory manner.

Any governmental agency or entity using OneNet facilities is hereby

prohibited from reselling OneNet access directly to the general

public at any nonpublic site. Any company or individual damaged

from a violation of this subsection by a private company or

individual shall be entitled to treble damages. The Attorney

General shall be responsible for bringing an action for violation of

this section against a private company or individual.
Okla. Stat. tit. 17, § 17-160.12 — OK Code / Title 17 / Section 17-160.12
Legislative findings
Status: in_force

The Legislature finds that:

1. Oklahoma’s wind energy resources are an important asset for

the continued economic growth of the state and for the provision of

clean and renewable power to both the people of the state and the

nation as a whole;

2. Promotion of the development of wind energy resources is

important to the economic growth of the state;

Oklahoma Statutes - Title 17. Corporation Commission Page 123

3. The prudent development of wind energy resources requires

addressing the relationship of the needs of wind energy developers

with those of the mineral estate owners who have the historical

right to make reasonable use of the surface estate, including the

right of ingress and egress therefor, for the purpose of exploring,

severing, capturing and producing the minerals as reflected in the

Exploration Rights Act of 2011, Sections 3 through 7 of this act,

and balancing the needs of wind energy developers with those of the

landowners who provide access to the wind energy resource, including

assurances that wind turbines and wind energy facilities will be

properly decommissioned, that they will have access to adequate

information to verify the accuracy of their payments, and that they

will be adequately protected against hazards and accidents that may

arise from the wind turbines or wind energy facilities;

4. The conversion of wind energy into power for utility-scale

systems frequently requires large wind energy systems consisting of

wind turbines, electrical substations, electrical lines, and other

supporting systems;

5. Wind energy facilities, if abandoned or not properly

maintained, could pose a hazard to public health, safety, and

welfare through mechanical failures, electrical hazards, or the

release of hazardous substances; and

6. To protect the public against health and safety hazards,

standards for the safe decommissioning of wind energy facilities

should be established and assurance of adequate financial resources

should be given so that the wind energy systems can be properly

decommissioned at the end of their useful life.
Okla. Stat. tit. 17, § 17-190.3 — OK Code / Title 17 / Section 17-190.3
Definitions
Status: in_force

As used in the Electric Restructuring Act of 1997:

1. "Commission" means the Corporation Commission;

2. "Consumer" means a person or entity purchasing or seeking to

purchase electric energy for other than resale;

3. "Direct access consumer" means a consumer who chooses to

procure retail electric energy supply and related services directly

from the competitive market rather than through a retail electric

service distributor;

4. "Electric consuming facility" means everything that utilizes

electric energy from a central station source;

5. "Electric distribution system" means the physical system of

wires, poles, and other equipment designed to deliver electricity to

the ultimate consumer for consumption, excluding generation and

transmission facilities;

6. "Independent system operator" means an independent entity,

not owned or controlled by an entity which owns generation,

transmission, or distribution facilities, which coordinates the

physical security and stability of the Oklahoma bulk power system;

7. "Public benefit programs" means all social, economic and

environmental programs currently funded through rates charged to

consumers receiving electric service in the State of Oklahoma;

8. "Retail electric energy supplier" means any entity which

sells retail electric energy to consumers;

9. "Retail electric service distributor" means any firm,

corporation, company, individual or their trustees, lessees or

receivers, or cooperative corporation or agency, engaged in the

furnishing of retail electric services in this state, exclusive of

municipal corporations, or beneficial trusts thereof and the Grand

River Dam Authority. Any municipal corporation or beneficial trust

thereof or the Grand River Dam Authority may, through its own

nonrevocable election, voluntarily opt to become subject to the

provisions of this act to participate in electric restructuring and

retail consumer choice by adopting a resolution stating that all

Oklahoma Statutes - Title 17. Corporation Commission Page 163

service provided via facilities owned by such entities will be

rendered on an open access nondiscriminatory basis in a manner

consistent with the provisions of such service by retail electric

service distributors subject to this act; and

10. "Transmission line" or "transmission system" means the

poles, wires and other equipment, including any fiber optic cable

which is a part of such poles, wires and other equipment, designed

and constructed to transport bulk electricity between generators and

electric distribution systems.
Okla. Stat. tit. 17, § 17-180.10 — OK Code / Title 17 / Section 17-180.10
Corporation Commission Plugging Fund - Minimum
Status: in_force

maintenance level - Additional excise tax.

A. There is hereby created in the State Treasury a fund for the

Corporation Commission to be designated the “Corporation Commission

Plugging Fund”. The plugging fund shall consist of monies received

by the Corporation Commission as required by law to be deposited to

the credit of the fund. The fund shall be a continuing fund not

subject to fiscal year limitations and shall not be subject to

legislative appropriations. Expenditures from the plugging fund

shall be made pursuant to the laws of this state and the statutes

relating to the Corporation Commission. For each fiscal year, the

Commission may expend not more than eight percent (8%) of the total

amount deposited to the credit of the plugging fund during the

previous fiscal year for the purpose of responding to occurrences of

seeping natural gas as provided for in Section 317.1 of Title 52 of

the Oklahoma Statutes. In addition, expenditures from the plugging

fund may be made pursuant to the Oklahoma Central Purchasing Act,

Section 85.1 et seq. of Title 74 of the Oklahoma Statutes, for

purposes of immediately responding to emergency situations, within

the Commission’s jurisdiction, having potentially critical

environmental or public safety impact. Warrants for expenditures

from the fund shall be drawn by the State Treasurer, based on claims

signed by an authorized employee of the Corporation Commission and

Oklahoma Statutes - Title 17. Corporation Commission Page 152

approved for payment by the Director of the Office of Management and

Enterprise Services. The provisions of this act or rules

promulgated pursuant thereto shall not be construed to relieve or in

any way diminish the surety bonding requirements required by Section

318.1 of Title 52 of the Oklahoma Statutes.

B. Prior to July 1, 2031, the plugging fund shall be maintained

at Five Million Dollars ($5,000,000.00). If the plugging fund falls

below the five-million-dollar maintenance level, the Corporation

Commission shall notify the Oklahoma Tax Commission that the

plugging fund has fallen below the required maintenance level and

that the excise tax which has been levied by subsection A of Section

1101 of Title 68 of the Oklahoma Statutes and subsection A of

Section 1102 of Title 68 of the Oklahoma Statutes which is credited

and apportioned to the Corporation Commission Plugging Fund pursuant

to Section 1103 of Title 68 of the Oklahoma Statutes is to be

imposed. Such additional excise tax shall be imposed and collected

until such time as is necessary to meet the additional five-million-

dollar maintenance level. The Tax Commission shall notify the

persons responsible for payment of the excise tax on oil and gas of

the imposition of such tax. The provisions of this subsection shall

terminate on July 1, 2031.
Okla. Stat. tit. 17, § 17-201 — OK Code / Title 17 / Section 17-201
Definition
Status: in_force

The term "radio common carrier" shall include every person,

firm, corporation or other legal entity operating or managing a

radio system engaged in the business of furnishing for public use

one-way or two-way radio communications and cellular telephone

service and paging service.
Okla. Stat. tit. 17, § 17-158.56 — OK Code / Title 17 / Section 17-158.56
Jurisdiction - Copies of lawful 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. 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, § 17-160.33 — OK Code / Title 17 / Section 17-160.33
Retailer electric suppliers — Required entity —
Status: in_force

Subsidies.

A. A retail electric supplier or a subsidiary or affiliate

thereof that provides, owns, operates, or maintains a direct current

fast charging station or hydrogen fueling station directly to the

public shall do so only through a separate, unregulated entity and

must do so on the same fees, terms, charges, and conditions offered

to private providers of electric vehicle charging stations.

B. After December 31, 2023, any electric vehicle charging

station or hydrogen fueling station that is provided by, owned,

operated, or maintained by a retail electric supplier, or a

subsidiary or affiliate thereof, shall not, directly or indirectly,

be subsidized by any fee or charge associated with the retail

electric service provider’s regulated service offerings.

C. An electric vehicle charging provider shall not be

considered to be a public utility pursuant to the provisions of

Section 151 of Title 17 of the Oklahoma Statutes or a retail

electric supplier pursuant to the provisions of the Oklahoma

Electric Vehicle Charging Act or Section 158.22 of Title 17 of the

Oklahoma Statutes.

D. Nothing in this section shall be construed to restrict a

retail electric supplier or municipal corporation from subsidizing

the costs of make-ready infrastructure through fees or charges for

services provided by its regulated services so long as such subsidy

Oklahoma Statutes - Title 17. Corporation Commission Page 141

is offered to electric vehicle charging providers on a

nondiscriminatory basis between such providers.
Okla. Stat. tit. 17, § 17-523 — OK Code / Title 17 / Section 17-523
Impairment of existing contract rights or contracting for
Status: in_force

correlative rights - Indian property rights.

Nothing herein contained shall be construed to impair existing

contractual rights nor shall it prohibit parties from contracting to

establish correlative rights on the subject matter contained in this

act.

This act shall not be applicable to nor affect in any way

property held by an Indian whose interest is restricted against

voluntary or involuntary alienation under the laws of the United

States or property held by an Indian tribe or by the United States

for any Indian tribe.
Okla. Stat. tit. 17, § 17-500 — OK Code / Title 17 / Section 17-500
Short title
Status: in_force

This act shall be known and may be cited as the "Oklahoma Brine

Development Act".
Okla. Stat. tit. 17, § 17-180.2 — OK Code / Title 17 / Section 17-180.2
Public utilities - Promotional payments
Status: in_force

Oklahoma Statutes - Title 17. Corporation Commission Page 149

A. No public utility which has for one of its purposes the sale

or distribution of energy may include promotional payments in its

operating expenses for ratemaking purposes.

B. For purposes of subsection A of this section:

1. "Promotional payment" means any payment, gift or other

remuneration made directly or indirectly by a public utility to or

for the account of any builder or other person to encourage or

induce such builder or other person to install appliances including,

but not limited to, space heaters, heat pumps, clothes dryers, water

heaters and stoves and equipment which will consume any energy sold

or marketed by such public utility;

2. "Promotional payment" shall not mean payments, gifts or

other remuneration made for conservation or load management programs

or energy-efficient appliances and equipment introduction programs

approved by the Corporation Commission;

3. "Public utility" means any individual, firm, association,

partnership, corporation, or any combination thereof, other than a

municipal corporation, or their lessees, trustees and receivers,

owning or operating for compensation in this state equipment or

facilities for:

a. producing, generating, transmitting, distributing,

selling or furnishing electricity, or

b. transmitting directly or indirectly or distributing

combustible hydrocarbon natural or synthetic natural gas for sale to

the public; and

4. "Appliances" and "equipment" mean those individual

appliances and space-conditioning equipment introduced by

manufacturers after November 9, 1978, which operate at a level of

efficiency at least twenty percent (20%) greater than appliances and

space-conditioning equipment of the same energy type manufactured

prior to that date.
Okla. Stat. tit. 17, § 17-140.5 — OK Code / Title 17 / Section 17-140.5
Provisions in conflict or inconsistent with Oklahoma
Status: in_force

Constitution.

If this act or any provision hereof is, or may be deemed to be,

in conflict or inconsistent with any of the provisions of Section 18

through Section 34, inclusive, of Article IX of the Constitution of

the State of Oklahoma, then, to the extent of any such conflicts or

inconsistencies, it is hereby expressly declared that this entire

act and this section are amendments to and alterations of said

section of the Constitution, as authorized by Section 35 of Article

IX of said Constitution.
Okla. Stat. tit. 17, § 17-191.10 — OK Code / Title 17 / Section 17-191.10
Injunctions - Bond not required - Evidence
Status: in_force

Whenever it shall appear to the Corporation Commission, the

Attorney General or a domestic public utility which reasonably

believes itself to be the object of a tender offer or attempt to

obtain control as described in Section 2 of this act, that any

person is engaged or about to engage in any acts or practices which

constitute or will constitute a violation of the provisions of this

act, or of any rule, regulation or order thereunder, the Commission,

the Attorney General or the domestic public utility may bring an

action in the district court in and for Oklahoma County, State of

Oklahoma, to enjoin such acts or practices and to enforce compliance

with this act or any rule, regulation or order thereunder, and upon

a proper showing being made a restraining order or temporary or

permanent injunction shall be granted without bond. The Commission,

the Attorney General and the domestic public utility shall transmit

such evidence as may be available concerning such acts or practices

or concerning apparent violations of this act to the District

Attorney for Oklahoma County, who, in his discretion, may institute

appropriate criminal proceedings.
Okla. Stat. tit. 17, § 17-54 — OK Code / Title 17 / Section 17-54
Definitions
Status: in_force

As used in this act:

1. "Frac tank" means any portable or stationary, high volume

holding vessel designed and constructed for use in separating,

storing or temporarily holding materials used in or resulting from

fracturing techniques in oil and gas exploration;

2. "Fracturing" means any processes, chemicals or other

materials used to enhance an oil and gas well recovery operation;

3. "Manway" means any opening on a frac tank allowing a person

ingress into or egress from the interior of the vessel; and

4. "Unprotected" means a manway without grates, bars or other

means of halting unexpected ingress into or egress from the interior

of the vessel.
Okla. Stat. tit. 17, § 17-158.29 — OK Code / Title 17 / Section 17-158.29
Annexation of area to city or town
Status: in_force

When an area, which is included in whole or in part in any

territory or territories certified to a retail electric supplier or

suppliers under this act, is annexed to and becomes a part of an

incorporated city or town, the certification of the territory or

territories under this act shall be subject to the provisions of the

Retail Electric Consumer Cost Reduction, Safety and Service

Efficiency Act.
Okla. Stat. tit. 17, § 17-47 — OK Code / Title 17 / Section 17-47
Partial invalidity
Status: in_force

If it shall be held that any section or part of a section

contained in this act is void by reason of it being repugnant to the

Constitution, the failure of such portion shall not be held to

defeat the remaining portions of this act.
Okla. Stat. tit. 17, § 17-159.17 — OK Code / Title 17 / Section 17-159.17
Provisions of certificate - Defaults
Status: in_force

Each certificate of convenience and necessity issued by the

Commission shall establish time limits within which construction

must be started but in no case shall this exceed six (6) calendar

months. The certificate shall also establish a time limit within

which the certificated water transportation line will be made

available for public service. The certificate shall also provide

for reports to the Commission at appropriate intervals indicating

the progress of construction, the percentage of completion of the

major phases of the project, changes in the estimated completion

dates, and any other appropriate information which may be required

by the Commission.

If the Commission shall determine that the certificate holder

appears to be in default as to the time limits set out in the

certificate, it shall conduct a hearing, after ten (10) days'

notice, and require the certificate holder to show cause why the

certificate should not be canceled. If the certificate holder shall

show that it is in default for good cause, such as unanticipated

engineering difficulty, national emergency making materials

unavailable for construction, or other valid reasons over which the

certificate holder has no control, the Commission may extend the

time set out in the certificate or in any previous extension. In

the absence of good cause shown, the certificate shall be canceled.

Oklahoma Statutes - Title 17. Corporation Commission Page 119

The Commission shall conduct a hearing to extend such time

limits upon application of the certificate holder, and may make

extension for good cause shown.
Okla. Stat. tit. 17, § 17-34.2 — OK Code / Title 17 / Section 17-34.2
Employees under Federal Underground Injection Control
Status: in_force

Project.

A. Prior to July 1, 1991, full-time-equivalent employee

positions filled contingent upon the procurement of funding provided

under the Federal Underground Injection Control Program shall be in

the unclassified service and not subject to the provisions of the

Oklahoma Personnel Act. Said full-time-equivalent employee

positions funded by the Federal Underground Injection Control

Program shall terminate upon the exhaustion of said federal funding.

B. On and after July 1, 1991, full-time-equivalent employees

positions filled pursuant to subsection A of this section shall be

in the classified service and subject to the provisions of the

Oklahoma Personnel Act.
Okla. Stat. tit. 17, § 17-3 — OK Code / Title 17 / Section 17-3
Pleadings, trial, judgment and appeal
Status: in_force

Oklahoma Statutes - Title 17. Corporation Commission Page 11

If the defendant shall fail to appear or file answer on the day

mentioned in the citation, such failure to appear or file answer

shall be deemed an admission of the truth of each and every material

allegation in such affidavit, or information, and the Commission may

render judgment without further hearing or testimony; or the

Commission may in its discretion require additional evidence before

rendering judgment in any case of default. Upon the appearance and

filing of answer of the defendant, such appearance may be by plea,

demurrer or answer, and when the issue shall have been settled, the

Commission may hear evidence as to the matters and facts in

reference to the alleged violation of the order or requirement, and

may continue the hearing from time to time, and the defendant shall

be given ample opportunity to introduce proper evidence and be fully

heard in the premises. Upon the conclusion of the evidence and

arguments of counsel, the Commission shall render judgment, a copy

of which shall be delivered to the defendant, and the defendant

shall have five (5) days from the receipt of copy of the judgment to

file its exceptions thereto, and shall be allowed to appeal from the

judgment of the Commission, to the Supreme Court, as provided in

other cases, upon its filing a bond with the Commission in double

the amount of such fine or judgment, with such security as may be

required by the Commission. Upon the filing of such bond with the

commission and allowing of the appeal, the same shall operate a

suspension of the fine and judgment appealed from.
Okla. Stat. tit. 17, § 17-85 — OK Code / Title 17 / Section 17-85
Partial invalidity
Status: in_force

The invalidity of any section, subdivision, clause or sentence

of this act shall not in any manner affect the validity of the

remaining portions thereof.
Okla. Stat. tit. 17, § 17-17 — OK Code / Title 17 / Section 17-17
Penalties cumulative
Status: in_force

Nothing herein contained shall be construed to cancel or alter

the penalty now prescribed by the Constitution against such

corporations for refusing to permit an investigation and examination

of its books, records and files.
Okla. Stat. tit. 17, § 17-166.1a — OK Code / Title 17 / Section 17-166.1a
Fee schedule for permits, licenses, certificates and
Status: in_force

other authorizations - Service fee schedule - Disposition of fees

collected.

A. The Corporation Commission may establish a schedule of fees

to be charged for applications for, or the issuance of, new,

modified or renewed permits, licenses, certificates and other

authorizations and for such other services as are involved in the

regulation of activities, functions and programs within the

jurisdiction of the Commission. Such fees shall be subject to the

following limitations:

1. The Commission shall follow the procedures required by the

Administrative Procedures Act for promulgation of rules in

establishing or amending any such schedule of fees;

2. The Commission shall base its schedule of fees for each

service, function or program upon the reasonable costs, both direct

Oklahoma Statutes - Title 17. Corporation Commission Page 145

and indirect, of operating or providing such services, functions or

programs, including, but not limited to, the costs of

administration, personnel, office space, equipment, training,

travel, inspection and review rendered in connection with each such

service, function or program;

3. The Commission shall expend monies from fees levied pursuant

to this section, including, but not limited to, application, review,

inspection, monitoring and operating fees, only on the direct or

indirect costs of the specific functions or programs from which such

monies originate.

B. The Commission may establish a schedule of fees to be

charged for services, including, but not limited to, searches,

compilations, certifications or reproductions of maps and

publications, transcripts, blueprints, computer data, electronic

recordings or documents. Such fees shall be based on the actual

cost to the Commission for the provision of such services.

C. Fees collected by the Commission pursuant to this section

shall be deposited in the Corporation Commission Revolving Fund.
Okla. Stat. tit. 17, § 17-270 — OK Code / Title 17 / Section 17-270
Natural Gas Policy Act of 1978 - Power and duties of
Status: in_force

Corporation Commission - Applications for determinations - Fees.

In order to implement the Natural Gas Policy Act of 1978 (Public

Law 95-621), the Corporation Commission is hereby authorized to

process applications for determinations as provided for in the rules

and regulations issued by the Federal Energy Regulatory Commission.

The Corporation Commission shall possess such powers and perform

such acts as are necessary to comply with the Natural Gas Policy Act

of 1978 (Public Law 95-621). The Corporation Commission shall

charge a filing fee of Twenty-five Dollars ($25.00) per well for a

well category determination or determinations under the Natural Gas

Policy Act of 1978. All filing fees charged and collected hereunder

shall be deposited daily with the State Treasurer and shall be

credited and apportioned to the Oil and Gas Revolving Fund.
Okla. Stat. tit. 17, § 17-190.21 — OK Code / Title 17 / Section 17-190.21
Joint Electric Utility Restructuring Task Force
Status: in_force

A. There is hereby created a Joint Electric Utility

Restructuring Task Force which shall be composed of the members of

the Oklahoma State Senate Energy and Environment Committee and the

Oklahoma House of Representatives Energy and Technology Committee

and the Chair of the Corporation Commission, or designee. The task

force shall be jointly chaired by the chairs and co-chairs of the

Senate and House committees.

B. A majority of the members serving on the task force shall

constitute a quorum. The task force shall meet at such times and

places as it deems necessary to perform its duties as specified

herein. Meetings shall be at the call of the chairs.

Oklahoma Statutes - Title 17. Corporation Commission Page 170

C. The task force shall study the following issues:

1. The ability of a municipality to annex and serve customers

inside the territory of another electric provider;

2. The condemnation and re-use of electric facilities;

3. The statutory prohibition on consumer switching electric

service providers established in Section 190.7 of Title 17 of the

Oklahoma Statutes;

4. Court rulings and pending litigation filed as a result of

interpretations of the Electric Restructuring Act of 1997, Sections

190.1 et seq. of Title 17 of the Oklahoma Statutes;

5. The effect of regional transmission organizations on the

electric generation marketplace;

6. The impact of changes in other states in our region and

nationwide relating to retail choice of electric services by

consumers;

7. Other issues the task force deems necessary to adequately

study electric restructuring in this state.

D. The task force shall solicit the input of all stakeholders

involved in the provision and consumption of electric service. To

further enhance such participation, the task force may appoint

advisory councils made up of representatives of various stakeholders

or invite any other persons as needed to advise the task force in

any matter they deem appropriate and necessary.

E. Members of the task force shall be reimbursed by their

appointing authorities for necessary travel expenses incurred in the

performance of their duties in accordance with Section 456 of Title

74 of the Oklahoma Statutes.

F. The Oklahoma State Senate and House of Representatives shall

provide such staff support as is required by the task force and any

other state agency shall provide support as requested by the task

force.

G. The task force may issue any reports it deems necessary and

appropriate and may make any legislative recommendations available

to the Governor and the Legislature. The Legislature shall review

any reports or recommendations developed by the task force. Final

authority relating to the implementation of any recommended

statutory revisions shall reside with the Legislature.

H. The task force shall remain in effect and operate as herein

directed until its termination which shall be no later than December

1, 2009. The task force may elect, by majority vote, to terminate

its operations at an earlier date if it deems such action

appropriate.
Okla. Stat. tit. 17, § 17-158.21 — OK Code / Title 17 / Section 17-158.21
Short title
Status: in_force

This act shall be known and may be cited as the Retail Electric

Supplier Certified Territory Act.
Okla. Stat. tit. 17, § 17-316 — OK Code / Title 17 / Section 17-316
Ordinance or regulations in conflict with act prohibited
Status: in_force

No county, incorporated or nonincorporated municipality, state

agency or political subdivision shall enact ordinances or promulgate

any rules, ordinances, regulations or requirements governing any

aspect of petroleum storage tank system regulation within the State

of Oklahoma that shall be in conflict with any of the provisions of

the Oklahoma Petroleum Storage Tank Consolidation Act, or any rules

promulgated or any orders issued by the Corporation Commission

pursuant to the provisions of the Oklahoma Petroleum Storage Tank

Consolidation Act.
Okla. Stat. tit. 17, § 17-342 — OK Code / Title 17 / Section 17-342
Authority to promulgate rules and specifications
Status: in_force

A. Jurisdiction is conferred upon the Corporation Commission,

and the same is authorized and empowered, to prescribe and

promulgate rules and specifications for safety and quality with

reference to regulated substances as it may deem proper from time to

time. The Corporation Commission shall prescribe rules governing

the test for octane rating on motor fuels and prescribe the rating.

B. All specifications as may be prescribed and promulgated by

the Corporation Commission shall be accepted as statutory enactments

and shall be received as prima facie evidence by any court of

competent jurisdiction within the State of Oklahoma.
Okla. Stat. tit. 17, § 17-158.24 — OK Code / Title 17 / Section 17-158.24
Fixing boundaries of certified territories - Protests -
Status: in_force

Hearings by Commission.

A. Except as otherwise provided, no retail electric supplier

shall furnish retail electric service in the certified territory of

another retail electric supplier.

B. Except as otherwise provided in this section, the boundaries

of the certified territory of each retail electric supplier are

hereby set as a line or lines substantially equidistant between its

existing distribution lines and the nearest existing distribution

lines of any other retail electric supplier in every direction, with

the result that there is hereby certified to each retail electric

supplier such unincorporated area which in its entirety is located

substantially in closer proximity to one of its existing

distribution lines than to the nearest existing distribution line of

any other retail electric supplier.

C. (1) On or before ninety (90) days after the effective date

of this act, or, when requested in writing by a retail electric

supplier and for good cause shown, such further time as the

Commission may fix by order, each retail electric supplier shall

file with the Commission a map or maps showing all of its existing

distribution lines. The Commission shall prepare or cause to be

prepared within ninety (90) days thereafter a map or maps of uniform

scale to show, accurately and clearly, the boundaries of the

certified territory of each retail electric supplier as established

under Section 4 B, and shall issue such map or maps of certified

territory to each retail electric supplier. Any retail electric

supplier or municipality or beneficial trust thereof engaged in the

furnishing of electric service who feels itself aggrieved by reason

of a certification of territory pursuant to this section may protest

the certification of territory, not to exceed one township in a

single protest, within a one hundred twenty-day period after

issuance of the map of certified territory by the Commission; and

the Commission shall have the power, after hearing, to revise or

vacate such certified territories or portions thereof.

(2) In such hearing, the Commission shall be guided by the

following conditions as they existed on the effective date of this

act:

(a) The proximity of existing distribution lines to

such certified territory.

(b) Which supplier was first furnishing retail

electric service, and the age of existing facilities, in the area.

(c) Which supplier is the predominant retail electric

supplier in the area.

Oklahoma Statutes - Title 17. Corporation Commission Page 91

(d) The adequacy and dependability of existing

distribution lines and facilities to provide dependable high quality

retail electric service at reasonable costs.

(e) The elimination and prevention of duplication of

electric lines and facilities supplying such territory.

In its determination of such protest, the Commission hearing shall

be de novo; and neither supplier shall bear the burden of proof.

D. In each unincorporated area, where the Commission shall

determine that the existing distribution lines of two or more retail

electric suppliers are so intertwined or located that Section 4 B

cannot reasonably be applied, the Commission shall, after hearing,

certify the service territory or territories for the retail electric

suppliers under the provisions of Section 4 C (2) hereof.
Okla. Stat. tit. 17, § 17-520 — OK Code / Title 17 / Section 17-520
Security for location damages - Filing - Entry upon
Status: in_force

property - Increase in security.

A. Every operator doing business in this state shall file a

corporate surety bond, letter of credit from a banking institution,

cash, or a certificate of deposit with the Secretary of State in the

sum of Twenty-five Thousand Dollars ($25,000.00) conditioned upon

compliance with Sections 20 through 26 of this act for payment of

any location damages due which the operator cannot otherwise pay.

The Secretary of State shall hold such corporate surety bond, letter

of credit from a banking institution, cash or certificate of deposit

for the benefit of the surface owners of this state and shall ensure

that such security is in a form readily payable to a surface owner

Oklahoma Statutes - Title 17. Corporation Commission Page 285

awarded damages in an action brought pursuant to Sections 20 through

26 of this act. Each corporate surety bond, letter of credit, cash,

or certificate of deposit filed with the Secretary of State shall be

accompanied by a filing fee of Ten Dollars ($10.00).

B. The bonding company or banking institution shall file, for

such fee as is provided for by law, a certificate that said bond or

letter of credit is in effect or has been canceled, or that a claim

has been made against it in the office of the court clerk in each

county in which the operator is drilling or planning to drill. Said

bond or letter of credit must remain in full force and effect as

long as the operator continues drilling operations in this state.

Each such filing shall be accompanied by a filing fee of Ten Dollars

($10.00).

C. Upon deposit of the bond, letter of credit, cash or

certificate of deposit, the operator shall be permitted entry upon

the property and shall be permitted to commence drilling of a well

in accordance with the terms and conditions of any lease or other

existing contractual or lawful right.

D. If the damages agreed to by the parties or awarded by the

court are greater than the bond, letter of credit, cash or

certificate of deposit posted, the operator shall pay the damages

immediately or post an additional bond, letter of credit, cash or

certificate of deposit sufficient to cover the damages. Said

increase in bond, letter of credit, cash or certificate of deposit

shall comply with the requirements of this section.
Okla. Stat. tit. 17, § 17-284 — OK Code / Title 17 / Section 17-284
Rate increase applications - Effect given to known and
Status: in_force

measurable changes.

In its review and examination of an application by a utility to

change its rates and charges pursuant to Sections 137, 152 or 158.27

of Title 17 of the Oklahoma Statutes, and in any order resulting

therefrom, the Corporation Commission shall give effect to known and

measurable changes occurring or reasonably certain to occur within

six (6) months of the end of the test period upon which the rate

review is based.
Okla. Stat. tit. 17, § 17-160.32 — OK Code / Title 17 / Section 17-160.32
Definitions
Status: in_force

As used in the Oklahoma Electric Vehicle Charging Act:

1. “Commission” means the Corporation Commission;

2. “Direct current fast charging station” means an electric

vehicle charging system capable of delivering electricity at a

minimum of fifty (50) kilowatts direct current to an electric

vehicle’s rechargeable battery at a minimum voltage of two hundred

(200) volts;

3. “Electric cooperative” means an electric cooperative

corporation organized under Section 437.1 of Title 18 of the

Oklahoma Statutes that provides electric service to the public;

4. “Electric vehicle” means a 100%-electric or plug-in hybrid

electric motor vehicle with the following characteristics:

a. a 100%-electric motor vehicle originally equipped so

that the vehicle:

(1) draws propulsion energy solely from a battery

with at least twenty (20) kilowatt hours of

capacity, which can be recharged from any

external source of electricity,

(2) is manufactured primarily for use on public

streets, roads, and highways, but does not

include a vehicle operated exclusively on a rail

or rails,

(3) is capable of being powered by an electric motor

drawing current from fuel cells, and

(4) has at least four wheels,

b. a plug-in hybrid electric motor vehicle which is

originally equipped so that the vehicle:

(1) draws propulsion energy from:

(a) an internal combustion engine, and

(b) a battery with at least five (5) kilowatt

hours of capacity, which can be recharged

from an external source of electricity,

(2) is manufactured primarily for use on public

streets, roads and highways, but does not include

a vehicle operated exclusively on a rail or

rails, and

(3) has at least four wheels, and

c. for purposes of this paragraph, the term electric

vehicle does not include a vehicle that is

manufactured primarily for off-road use and that has a

maximum speed of thirty (30) miles per hour or less;

Oklahoma Statutes - Title 17. Corporation Commission Page 140

5. “Electric vehicle charging provider” means the owner of an

electric vehicle charging station operating in a retail electric

supplier’s designated service area;

6. “Fuel cell” means a cell that converts the chemical energy

of hydrogen directly into electricity through electrochemical

reactions;

7. “Hydrogen fueling station” means any equipment that

dispenses hydrogen into a motor vehicle or electric vehicle powered

by a fuel cell;

8. “Make-ready infrastructure” means the electrical

infrastructure required to service an electric vehicle charging

station’s electrical load on the retail electric supplier’s or

municipal corporation’s side of the electric meter, but shall not

include an electric vehicle charging station;

9. “Retail electric supplier” means any person, firm,

corporation, association, electric cooperative, or beneficial trusts

thereof engaged in the furnishing of retail electric service not to

include municipal corporations; and

10. “Retail electric service” means electric service furnished

to a consumer for ultimate consumption.
Okla. Stat. tit. 17, § 17-160.31 — OK Code / Title 17 / Section 17-160.31
Short title — Oklahoma Electric Vehicle Charging Act
Status: in_force

This act shall be known and may be cited as the “Oklahoma

Electric Vehicle Charging Act”.
Okla. Stat. tit. 17, § 17-292 — OK Code / Title 17 / Section 17-292
Rights of electric transmission owner
Status: in_force

A. An incumbent electric transmission owner has the right to

construct, own and maintain a local electric transmission facility

that has been approved for construction in a Southwest Power Pool

transmission plan and will interconnect to facilities owned by that

incumbent electric transmission owner. An incumbent electric

transmission owner has the right to construct, own and maintain:

1. A new local electric transmission facility that connects to

electric transmission facilities owned by the incumbent; and

2. Upgrades to the existing local electric transmission

facilities of the incumbent.

B. The right to construct, own and maintain a local electric

transmission facility that will interconnect to facilities owned by

two or more incumbent electric transmission owners belongs

individually and equally to each incumbent electric transmission

owner, unless otherwise agreed upon in writing by the incumbent

electric transmission owners.

Oklahoma Statutes - Title 17. Corporation Commission Page 201

C. Nothing in this section is intended to affect an incumbent

electric transmission owner’s use and control of its existing

property rights including the incumbent electric transmission

owner’s ability to assign its rights to construct, own and maintain

a local electric transmission facility described in subsection A of

this section. The retention, modification or transfer of existing

property rights of an incumbent electric transmission owner and the

rights described in subsection A of this section shall remain

subject to the relevant state law or regulation recognizing the

property right.
Okla. Stat. tit. 17, § 17-606 — OK Code / Title 17 / Section 17-606
Renumbered as § 130.6 of Title 74 by Laws 1991, c. 235, §
Status: in_force

23, eff. July 1, 1991.
Okla. Stat. tit. 17, § 17-710.6 — OK Code / Title 17 / Section 17-710.6
Customer information - Affiliates
Status: in_force

A. An electric utility may provide customer information without

customer consent to affiliates and third parties who, under

contract, assist the electric utility in providing regulated

services or otherwise carrying out its business objectives as

outlined in subsection B of Section 4 of this act, provided however

that the disclosure is limited to the specific information necessary

Oklahoma Statutes - Title 17. Corporation Commission Page 294

for the third party to carry out its responsibilities to the

electric utility. Prior to the disclosure of any customer

information to a third party under this subsection, a responsible

representative of the third party shall agree in writing that it

will maintain the security and confidentiality of all customer

information to which it has access and limit the use of customer

information to the provision of such services to the electric

utility.

B. In addition to providing customer information to affiliates

and third parties as described in subsection A of this section,

electric utilities may disclose customer information to third

parties in the following circumstances:

1. As required by law;

2. Pursuant to a warrant, subpoena duces tecum, or other court

order;

3. In the event of a business transaction such as a merger,

acquisition, sale of assets, or similar transaction involving the

electric utility;

4. In the event of an emergency situation; or

5. When the customer provides written consent to the

disclosure.
Okla. Stat. tit. 17, § 17-160.14A — OK Code / Title 17 / Section 17-160.14A
Renewable energy recycling facilities — Annual report
Status: in_force

— Evidence of financial security.

A. The owner of a renewable energy recycling facility shall

submit an annual report to the Public Utility Division of the

Corporation Commission no later than February 1 of each calendar

year for the immediately preceding calendar year. The report shall

include a current total inventory of renewable energy components

accepted for recycling, but not yet recycled, as of the end of the

reporting period and an estimated timeline for the finality of

recycling of those renewable energy components. The report shall

also include the estimated costs for completing the recycling of the

reported inventory within the estimated timeline. Provided, the

estimated costs associated with the recycling of wind turbine blades

shall be reported independently from the aggregate cost estimate.

The report shall be submitted in the manner and form prescribed by

the Commission.

B. The owner of a renewable energy recycling facility shall

submit to the Public Utility Division of the Commission evidence of

financial security to cover the anticipated costs of recycling the

reported inventory, including wind turbine blades, during the

upcoming calendar year. 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 Corporation Commission. Evidence of financial

security shall be submitted within ninety (90) days of the renewable

energy recycling facility taking control of any renewable energy

components to be recycled.

Oklahoma Statutes - Title 17. Corporation Commission Page 126

C. The amount of financial security shall be one hundred

twenty-five percent (125%) of the estimated total cost of recycling

reported pursuant to subsection A of this section.

D. The Public Utility Division of the Commission shall post on

the website of the Commission a list of those renewable energy

recycling facilities that have submitted the report and evidence of

financial security in accordance with the provisions of this

section. An owner of a wind farm operation that chooses to send

wind turbine blade renewable energy components to a third-party

recycling facility located in this state shall utilize renewable

energy recycling facilities listed on the Commission website.

E. If the owner of a recycling facility fails to submit the

information required by this section, the owner shall be subject to

an administrative penalty not to exceed Five Hundred Dollars

($500.00) per day.

F. Each recycling facility shall submit an annual registration

fee of One Thousand Dollars ($1,000.00) per year to the Commission

at the time of the annual report filing to cover the cost of

implementing the provisions of this section.
Okla. Stat. tit. 17, § 17-131 — OK Code / Title 17 / Section 17-131
Certificate of convenience and necessity – Notice by new
Status: in_force

providers – Availability of emergency telephone services - Fines.

A. No person, firm, association, corporation or cooperative

shall provide telecommunications services, as defined by the rules

of the Corporation Commission, to any end-user in this state without

having first obtained from the Corporation Commission a Certificate

of Convenience and Necessity. This section shall not be construed

Oklahoma Statutes - Title 17. Corporation Commission Page 43

to require any incumbent exchange carrier to secure such a

certificate for any extension within or to any territory already

served by it or for any extension into a territory contiguous to a

territory already served by it on which it has heretofore filed with

the Commission an exchange area map showing the territory professed

to be served by such incumbent exchange carrier.

B. Prior to obtaining a Certificate of Convenience and

Necessity, each provider of telecommunications services, as defined

by the rules of the Commission, making application for such

Certificate shall be required to demonstrate its financial,

managerial, and technical ability to provide the requested

telecommunications services in this state. Before commencing to

provide local exchange telecommunications services in any service

area, a new provider shall give notice by mail or personal service

to each regional council, as defined in the Local and Regional

Capital Improvement Planning Process Act, in whose district any

portion of the provider's intended service area lies and provide

actual notice by mail or personal service to all political

subdivisions with jurisdictional boundaries that include all or

portions of the service area outlined in the application for the

Certificate of Convenience and Necessity. The notice shall confirm

that the provider is a local exchange telephone company as defined

in the Nine-One-One Emergency Number Act, and shall attest that the

provider shall make emergency telephone services available to its

customers in accordance with the Nine-One-One Emergency Number Act.

The new provider shall also forward a copy of the notice to the

Corporation Commission. The regional council shall, within fifteen

(15) days of receipt of the notice, forward the notice by mail to

the chief executive officer of every governing body located in the

regional council district that has responsibility for operation of

an emergency telephone system serving any part of the provider's

intended service area.

C. Any corporation, firm, or person who fails to provide notice

as required pursuant to the provisions of subsection B of this

section may be fined by the Commission a sum of up to Five Hundred

Dollars ($500.00) as the Commission may deem proper after notice and

opportunity for hearing. Each day's continuance of such violation,

after due service upon such corporation, firm, or person, of the

requirement shall be a separate offense.
Okla. Stat. tit. 17, § 17-321 — OK Code / Title 17 / Section 17-321
Short title - Purpose - Scope
Status: in_force

A. It is the intent of the Legislature that the regulation of

spills and releases from petroleum storage tanks, oversight of

petroleum storage tank environmental cleanups, and the reimbursement

of claims for costs incurred for petroleum storage tank

environmental cleanups be administered by a single division of the

Corporation Commission, the Petroleum Storage Tank Division.

B. This act shall be known and may be cited as the "Oklahoma

Petroleum Storage Tank Reform Act".

Oklahoma Statutes - Title 17. Corporation Commission Page 235

C. The purpose of the Oklahoma Petroleum Storage Tank Reform

Act is to provide for the administration of the various programs

within the Corporation Commission regulating the release or spilling

of fuel from petroleum storage tanks and to:

1. Eliminate overlap and duplication of effort;

2. Provide that petroleum storage tank regulatory concerns of

industry and the public shall be addressed in an expedient manner;

and

3. Better utilize financial resources for petroleum storage

tank regulatory services, administration, and reimbursement of

claims for environmental cleanup by the Petroleum Storage Tank

Indemnity Fund.

D. The Storage Tank Advisory Council shall make recommendations

and the Corporation Commission shall adopt rules to implement the

provisions of this act by January 1, 1999. These rules shall

include procedural rules specifically designed for the adjudication

of cases within the jurisdiction of the Division.

E. The provisions of this act shall be applicable to all

current, pending, past and future contracts, claims and cases within

the jurisdiction of the Division, provided that this subsection

shall not apply, nor be construed to authorize or permit the

reopening or re-review of the underlying claim or claims of any

cases which were formally settled pursuant to a formal settlement

agreement or in which a final order was entered by the Corporation

Commission. Further, the provisions of this act shall not change or

modify the terms of pay for performance or purchase order contracts

entered into prior to the effective date of this act.
Okla. Stat. tit. 17, § 17-307 — OK Code / Title 17 / Section 17-307
Corporation Commission - Rules governing storage tank
Status: in_force

systems.

A. The Corporation Commission shall promulgate rules governing

storage tank systems. The Commission's rules shall, at a minimum,

include the following provisions:

1. Requirements that release detection methods or equipment or

both such methods and equipment, adequate to identify releases from

storage tank systems, be maintained;

2. Procedures to follow when release detection methods or

equipment or both such methods and records indicate an abnormal loss

or gain which is not explainable by spillage, temperature variations

or other known causes;

3. Requirements that appropriate corrective action be taken in

response to a release from a storage tank system as may be necessary

to protect human health, safety and welfare and the environment;

4. Requirements to maintain records documenting actions taken

in accordance with paragraphs 1 through 3 of this subsection;

5. An enforcement program;

6. Requirements that notice be given to landowners whose

property has been or may be affected by a release and providing such

landowner the opportunity to have input into any activities

impacting such landowners property;

7. Procedures to allow an adjacent property owner whose

property has been contaminated by a release to engage in corrective

action on his or her own property under the same requirements as the

tank owner or operator responsible for performing corrective action;

and

8. Minimum schedules and standards for the design,

construction, installation, operation, maintenance, repair,

monitoring, testing, inspection, release detection, performance,

abandonment and closure, of storage tank systems, as may be

necessary to protect human health, safety and welfare and the

environment.

B. In promulgating rules establishing standards pursuant to

paragraph 8 of subsection A of this section, the Commission may

distinguish in such standards between requirements appropriate for

storage tank systems. In making such distinctions, the Commission

may consider the following factors:

1. Location of the storage tanks;

2. Soil and climate conditions;

3. Uses of the storage tanks;

4. History of maintenance;

5. Age of the storage tanks;

6. National industry codes;

Oklahoma Statutes - Title 17. Corporation Commission Page 221

7. Hydrogeology;

8. Water table;

9. Size of the storage tanks;

10. Quantity of regulated substances periodically deposited in

or dispensed from the storage tank;

11. The compatibility of the regulated substance and the

materials of which the storage tank is fabricated; and

12. Any other factors as deemed necessary by the Commission

pursuant to the provisions of the Oklahoma Petroleum Storage Tank

Consolidation Act.

C. The Commission may promulgate rules establishing different

requirements for different areas or regions of the state if the

Commission finds that more stringent rules are necessary:

1. To protect specific waters of the state including but not

limited to those waters of the state designated for additional

protection in Oklahoma's water quality standards; or

2. Because conditions peculiar to that area or region require

different standards to protect public health, safety, welfare or the

environment.

D. In promulgating rules pursuant to the provisions of the

Oklahoma Petroleum Storage Tank Consolidation Act, the Commission

shall consider all relevant federal standards and regulations on

storage tank systems. If the Commission promulgates any rule that

is more stringent than a federal standard or regulation on the same

subject, the Commission shall clearly express the deviation from the

federal standard or regulation and the reasons for the deviation at

a public hearing or at time of adoption of the rule.
Okla. Stat. tit. 17, § 17-252 — OK Code / Title 17 / Section 17-252
Monitoring of fuel adjustment clauses
Status: in_force

Whenever the Commission approves a fuel adjustment clause

pursuant to this act, the clause shall apply to all similar public

utilities affected by such increased costs. In addition, the

Commission shall continually monitor and oversee the application of

the fuel adjustment clauses. The Commission shall hold a public

hearing thereon whenever it deems it necessary, but no less

frequently than once every twelve (12) months. If the Commission

finds that the charges or credits are not based upon the actual

prices paid for fuel, purchased gas or purchased power, or are not

properly computed in accordance with the applicable adjustment

clause, it shall recompute the charges or credits and shall direct

the public utility to take such action as may be required to insure

that the charges or credits properly reflect the actual prices paid

for fuel, purchased gas or purchased power and are properly computed

in accordance with the applicable adjustment clause for the

applicable period. The fuel adjustment clause may be amended upon a

finding of changed circumstances by the Commission but shall not be

wholly discontinued or suspended except by order of the Commission

after notice and hearings for the utilities affected have been

rendered.
Okla. Stat. tit. 17, § 17-159.21 — OK Code / Title 17 / Section 17-159.21
Administrative Procedures Act to govern - Review
Status: in_force

In the exercise of the authority granted by this act, except as

herein expressly provided, the Commission shall be governed by and

shall conform to the provisions of the Administrative Procedures

Act, Sections 1 through 25, inclusive, Chapter 371, O.S.L.1963 (75

O.S.Supp.1968, Sections 31-325). Judicial review of the

Commission's decisions in individual proceedings shall be through

appeal to the Supreme Court of Oklahoma and the appeal procedure

shall be as set forth in said Administrative Procedures Act.
Okla. Stat. tit. 17, § 17-140.4 — OK Code / Title 17 / Section 17-140.4
Rules and regulations
Status: in_force

The Corporation Commission is authorized to adopt all reasonable

and necessary rules and regulations to implement any powers and

duties of the Commission pursuant to the provisions of this act.
Okla. Stat. tit. 17, § 17-156 — OK Code / Title 17 / Section 17-156
Installation of distributed generation devices - Increased
Status: in_force

rates or surcharges - Subsidization.

A. As used in this section:

1. "Distributed generation" means:

a. a device that provides electric energy that is owned,

operated, leased or otherwise utilized by the

customer,

b. is interconnected to and operates in parallel with the

retail electric supplier's grid and is in compliance

with the standards established by the retail electric

supplier,

c. is intended to offset only the energy that would have

otherwise been provided by the retail electric

supplier to the customer during the monthly billing

period,

d. does not include generators used exclusively for

emergency purposes,

e. does not include generators operated and controlled by

a retail electric supplier, and

Oklahoma Statutes - Title 17. Corporation Commission Page 88

f. does not include customers who receive electric

service which includes a demand-based charge.

2. "Fixed charge" means any fixed monthly charge, basic

service, or other charge not based on the volume of energy consumed

by the customer, which reflects the actual fixed costs of the retail

electric supplier.

3. “Retail electric supplier” means an entity engaged in the

furnishing of retail electric service within the State of Oklahoma

and is rate regulated by the Oklahoma Corporation Commission.

B. No retail electric supplier shall increase rates charged or

enforce a surcharge above that required to recover the full costs

necessary to serve customers who install distributed generation on

the customer side of the meter after the effective date of this act.

C. No retail electric supplier shall allow customers with

distributed generation installed after the effective date of this

act to be subsidized by customers in the same class of service who

do not have distributed generation.

D. A higher fixed charge for customers within the same class of

service that have distributed generation installed after the

effective date of this act, as compared to the fixed charges of

those customers who do not have distributed generation, is a means

to avoid subsidization between customers within that class of

service and shall be deemed in the public interest.

E. Retail electric suppliers shall implement tariffs in

compliance with this act no later than December 31, 2015.
Okla. Stat. tit. 17, § 17-294 — OK Code / Title 17 / Section 17-294
Southwest Power Pool — Regulatory and statutory framework
Status: in_force

report.

Oklahoma Statutes - Title 17. Corporation Commission Page 202

A. The Corporation Commission shall coordinate with the

regional transmission organization known as the Southwest Power Pool

(SPP) to develop and provide a reporting of the regulatory and

statutory frameworks addressing the rule of the SPP as it pertains

to this state. The report shall provide a comprehensive assessment

of the impact of the SPP on the state’s electricity infrastructure

and areas in which the state may desire further evaluation.

B. The report shall utilize the most recent twelve (12) months

of available data and shall include and consider the following:

1. An explanation of how decisions are made at the SPP,

including the Regional State Committee (RSC), and the impact of such

decisions on Oklahoma ratepayers;

2. The potential impact of decisions resulting from the SPP

process, including the RSC, on the state budget;

3. The current use of intermittent power sources to meet

baseload capacity requirements and explanation of the SPP’s

decision-making processes regarding the use of these intermittent

sources;

4. The studies and processes used by the SPP to assess and

respond to demands, including transmission studies conducted;

5. Identification of SPP decisions and processes that may

impact Oklahoma’s oil and natural gas industries;

6. Identification of areas in which Oklahoma stakeholders may

benefit from additional information being shared on events occurring

at the SPP;

7. The amount of power produced within Oklahoma that was

transmitted outside of the state through the SPP for the calendar

year ending December 31, 2023, the market value of such power, and

any benefit of this transmission to Oklahoma ratepayers;

8. The cost, if any, that is built into the most recent rate

cases with final orders previously before the Corporation Commission

for the construction and maintenance of generation and transmission

infrastructure which is used in whole or in part for the generation

and transmission of power for sale outside of Oklahoma; and

9. An explanation of the level of input the Corporation

Commission has on the processes and decisions of the SPP.

C. 1. The Commission shall ensure the completion of the report

no later than December 31, 2024.

2. A copy of the finalized report shall be submitted

electronically to the following:

a. the Governor,

b. the Speaker of the Oklahoma House of Representatives,

c. the President Pro Tempore of the Oklahoma State

Senate,

d. the Chair of the Utilities Committee of the House of

Representatives or successor committee,

Oklahoma Statutes - Title 17. Corporation Commission Page 203

e. the Chair of the Energy and Telecommunications

Committee of the Senate or successor committee, and

f. the Chair of the Energy and Natural Resources

Committee of the House of Representatives or successor

committee.