Okla. Stat. tit. 17, § 17-52 — OK Code / Title 17 / Section 17-52
Corporation Commission - Jurisdiction, power and authority
Status: in_force

- Environmental jurisdiction of Department of Environmental Quality.

A. 1. Except as otherwise provided by this section, the

Corporation Commission is hereby vested with exclusive jurisdiction,

power and authority with reference to:

a. the conservation of oil and gas,

b. field operations for geologic and geophysical

exploration for oil, gas and brine, including seismic

survey wells, stratigraphic test wells and core test

wells,

c. the exploration, drilling, development, producing or

processing for oil and gas on the lease site,

d. the exploration, drilling, development, production and

operation of wells used in connection with the

recovery, injection or disposal of mineral brines,

e. reclaiming facilities only for the processing of salt

water, crude oil, natural gas condensate and tank

bottoms or basic sediment from crude oil tanks,

pipelines, pits and equipment associated with the

exploration, drilling, development, producing or

transportation of oil or gas,

f. injection wells known as Class II wells under the

federal Underground Injection Control program, any

aspect of any CO2 sequestration facility, including

any associated Class VI CO2 injection well, and any

CO2 storage unit associated with a CO2 sequestration

facility, over which the Commission is given

jurisdiction pursuant to the Oklahoma Carbon Capture

and Geologic Sequestration Act. Any substance that

the United States Environmental Protection Agency

allows to be injected into a Class II well may

continue to be so injected,

g. tank farms for storage of crude oil and petroleum

products which are located outside the boundaries of

refineries, petrochemical manufacturing plants,

natural gas liquid extraction plants, or other

facilities which are subject to the jurisdiction of

the Department of Environmental Quality with regard to

point source discharges,

h. the construction and operation of pipelines and

associated rights-of-way, equipment, facilities or

buildings used in the transportation of oil, gas,

petroleum, petroleum products, anhydrous ammonia or

mineral brine, or in the treatment of oil, gas or

mineral brine during the course of transportation but

not including line pipes in any:

(1) natural gas liquids extraction plant,

Oklahoma Statutes - Title 17. Corporation Commission Page 28

(2) refinery,

(3) reclaiming facility other than for those

specified within subparagraph e of this

paragraph,

(4) mineral brine processing plant, and

(5) petrochemical manufacturing plant,

i. the handling, transportation, storage and disposition

of saltwater, mineral brines, waste oil and other

deleterious substances produced from or obtained or

used in connection with the drilling, development,

producing and operating of oil and gas wells, at:

(1) any facility or activity specifically listed in

this paragraph and paragraph 2 of this subsection

as being subject to the jurisdiction of the

Commission, and

(2) other oil and gas extraction facilities and

activities,

j. spills of deleterious substances associated with

facilities and activities specified in this paragraph

or associated with other oil and gas extraction

facilities and activities, and

k. subsurface storage of oil, natural gas and liquefied

petroleum gas in geologic strata.

2. The exclusive jurisdiction, power and authority of the

Corporation Commission shall also extend to the construction,

operation, maintenance, site remediation, closure and abandonment of

the facilities and activities described in paragraph 1 of this

subsection.

3. When a deleterious substance from a Commission-regulated

facility or activity enters a point source discharge of pollutants

or storm water from a facility or activity regulated by the

Department of Environmental Quality, the Department shall have sole

jurisdiction over the point source discharge of the commingled

pollutants and storm water from the two facilities or activities

insofar as Department-regulated facilities and activities are

concerned.

4. For purposes of the federal Clean Water Act, any facility or

activity which is subject to the jurisdiction of the Corporation

Commission pursuant to this subsection and any other oil and gas

extraction facility or activity which requires a permit for the

discharge of a pollutant or storm water to waters of the United

States shall be subject to the direct jurisdiction of the United

States Environmental Protection Agency and shall not be required to

be permitted by the Department of Environmental Quality or the

Corporation Commission for such discharge.

5. The Corporation Commission shall have jurisdiction over:

Oklahoma Statutes - Title 17. Corporation Commission Page 29

a. underground storage tanks that contain antifreeze,

motor oil, motor fuel, gasoline, kerosene, diesel, or

aviation fuel and that are not located at refineries

or at upstream or intermediate shipment points of

pipeline operations, including, but not limited to,

tanks from which these materials are dispensed into

vehicles, or tanks used in wholesale or bulk

distribution activities, as well as leaks from pumps,

hoses, dispensers, and other ancillary equipment

associated with the tanks, whether above the ground or

below; provided, that any point source discharge of a

pollutant to waters of the United States during site

remediation or the off-site disposal of contaminated

soil, media, or debris shall be regulated by the

Department of Environmental Quality,

b. aboveground storage tanks that contain antifreeze,

motor oil, motor fuel, gasoline, kerosene, diesel, or

aviation fuel and that are not located at refineries

or at upstream or intermediate shipment points of

pipeline operations, including, but not limited to,

tanks from which these materials are dispensed into

vehicles, or tanks used in wholesale or bulk

distribution activities, as well as leaks from pumps,

hoses, dispensers, and other ancillary equipment

associated with the tanks, whether above the ground or

below; provided, that any point source discharge of a

pollutant to waters of the United States during site

remediation or the off-site disposal of contaminated

soil, media, or debris shall be regulated by the

Department of Environmental Quality, and

c. the Petroleum Storage Tank Release Environmental

Cleanup Indemnity Fund and Program and the Oklahoma

Leaking Underground Storage Tank Trust Fund.

6. The Department of Environmental Quality shall have sole

jurisdiction to regulate the transportation, discharge or release of

deleterious substances or hazardous or solid waste or other

pollutants from rolling stock and rail facilities. The Department

of Environmental Quality shall not have any jurisdiction with

respect to pipeline transportation of carbon dioxide.

7. The Department of Environmental Quality shall have sole

environmental jurisdiction for point and nonpoint source discharges

of pollutants and storm water to waters of the state from:

a. refineries, petrochemical manufacturing plants and

natural gas liquid extraction plants,

b. manufacturing of oil and gas related equipment and

products,

Oklahoma Statutes - Title 17. Corporation Commission Page 30

c. bulk terminals, aboveground and underground storage

tanks not subject to the jurisdiction of the

Commission pursuant to this subsection, and

d. other facilities, activities and sources not subject

to the jurisdiction of the Corporation Commission or

Oklahoma Department of Agriculture, Food, and Forestry

as specified by this section.

8. The Department of Environmental Quality shall have sole

environmental jurisdiction to regulate air emissions from all

facilities and sources subject to operating permit requirements

under Title V of the federal Clean Air Act as amended.

B. The Corporation Commission and incorporated cities and towns

shall have exclusive jurisdiction over permit fees for the drilling

and operation of oil and gas wells.

C. The Corporation Commission shall comply with and enforce the

Oklahoma Water Quality Standards.

D. For purposes of immediately responding to emergency

situations having potentially critical environmental or public

safety impact and resulting from activities within its jurisdiction,

the Corporation Commission may take whatever action is necessary,

without notice and hearing, including without limitation the

issuance or execution of administrative agreements by the Oil and

Gas Conservation Division of the Corporation Commission, to promptly

respond to the emergency.
Okla. Stat. tit. 17, § 17-158.60 — OK Code / Title 17 / Section 17-158.60
Appeals - Precedence
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 Section 20 of Article IX

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, § 17-202 — OK Code / Title 17 / Section 17-202
Authorization to enter business
Status: in_force

Every radio common carrier shall be authorized, without proving

public convenience and necessity, to enter into such business in the

State of Oklahoma to the extent that the authority to do so has been

granted by the Federal Communications Commission.
Okla. Stat. tit. 17, § 17-851 — OK Code / Title 17 / Section 17-851
Retail electric supplier or rural electric cooperative —
Status: in_force

Certificate of authority required for electric transmission

facilities — Application.

A. This section shall not be construed to require any Oklahoma

retail electric supplier or rural electric cooperative to secure a

certificate of authority for any extension, rebuild, or upgrade to

an electric transmission facility.

B. A transmission developer shall file an application to obtain

a certificate of authority from the Corporation Commission for each

Oklahoma Statutes - Title 17. Corporation Commission Page 310

electric transmission facility. No electric transmission facility

shall be commenced without obtaining a certificate of authority.

Such application shall include, but shall not be limited to, the

following:

1. The name, address, and contact information of a named

representative or representatives of the transmission developer and

a telephone number and electronic email address for each such

representative or representatives;

2. A description and a map or plat of the proposed route or

routes or alternative route or routes for any electric transmission

facility regardless of whether or not a transmission developer has

made a submission or received approval from the Southwest Power Pool

or any other applicable regional planning process or other federal

authority;

3. Identification of any and all such counties within the

electric transmission facility’s route or routes or alternative

route or routes;

4. Identification of any energy resource or resources to which

the electric transmission facility is to be directly connected or,

to the extent known, resources to which the electric transmission

facility could be connected to integrate existing natural gas or

other resource generation; and

5. An estimate of the costs, including potential costs or

savings impacts, to any Oklahoma electric customers and the

estimated time frame for the electric transmission facility being

developed.

C. If the transmission developer is required to file subsequent

forms with the Federal Energy Regulatory Commission (FERC) or any

other agency or organization due to changing the route or height of

individual structures from the locations or heights originally

proposed, the transmission developer shall, within ten (10) days of

filing with the FERC or other agency or organization, file such

subsequent forms with the Corporation Commission. A transmission

developer shall not be required to start the notification process

over unless the subsequent FERC or other agency or organization

application expands the project beyond the original boundaries in

the application filed with the Corporation Commission.

D. Prior to or at the time of the hearing on the certificate of

authority, the transmission developer shall provide:

1. Within thirty (30) days after filing an application with the

Commission as provided for in subsection B of this section, proof of

publication that the transmission developer published notice of the

application in a newspaper of general circulation in the county or

counties in which all or a portion of the electric transmission

facility is to be located;

2. Within sixty (60) days after filing an application with the

Commission as provided in subsection B of this section, proof of

Oklahoma Statutes - Title 17. Corporation Commission Page 311

service that the transmission developer published notice to be sent

by certified mail to:

a. the board of county commissioners of every county in

which all or a portion of the electric transmission

facility is to be located and, if all or a portion of

the electric transmission facility is to be located

within the incorporated area of a municipality, the

governing body of the municipality,

b. all surface landowners, as reflected in the public

land records of the county clerk’s office, upon which

all or any part of the surface estate is located

within the electric transmission facility route or

routes or alternative route or routes,

c. any operator, as reflected in the records of the

Commission, who is conducting oil and gas operations

upon all or any part of the surface estate as to which

the transmission developer intends the construction of

the electric transmission facility, and

d. any operator, as reflected in the records of the

Commission, of an unspaced unit, or a unit created by

order of the Commission, who is conducting oil and gas

operations for the unit where all or any part of the

unit area is within the geographical boundaries of the

surface estate as to which the transmission developer

intends the construction of the electric transmission

facility.

If the transmission developer makes a search with reasonable

diligence and the whereabouts of any party entitled to any notice

described in this paragraph cannot be ascertained or such notice

cannot be delivered, then an affidavit attesting to such diligent

search for the parties shall be filed with the Commission;

3. Within ninety (90) days of publishing the notice in a

newspaper as provided for in paragraph 1 of subsection D of this

section, a public meeting in the county or counties in which all or

a portion of the electric transmission facility is to be located.

Notice of the public meeting shall be published in a newspaper of

general circulation and submitted to the board of county

commissioners in the county or counties in which all or a portion of

the electric transmission facility is to be located. The notice

shall contain the place, date, and time of the public meeting.

Proof of the publication of the notice shall be submitted to the

Commission;

4. An attestation that the transmission developer has or shall

secure or maintain sufficient insurance coverage to cover any and

all aspects of the electric transmission facility from construction

through operation and maintenance, or any transfer of ownership;

Oklahoma Statutes - Title 17. Corporation Commission Page 312

5. Evidence that impacts to the environment and public safety

will be addressed by the transmission developer;

6. A safety plan that will be in place and will be updated for

the electric transmission facility and will be provided to the

Commission upon request;

7. That the electric transmission facility is beneficial and in

the public interest;

8. A decommission plan that identifies the methodology used to

mitigate potential impacts resulting from the cessation of operation

at the end of the electric transmission facility’s useful life,

which includes, but is not limited to:

a. identification of specific project components that

will be removed,

b. a description of the decommission process in the event

of abandonment during construction and abandonment

during operation,

c. a description of the process used for land and road

restoration, and

d. the financial capability of a transmission developer,

including a financial surety guarantee, if required by

the Commission prior to commencing construction or

upon any transfer of ownership, in a form and amount

to be determined by the Commission, which shall remain

in effect until release is authorized by the

Commission; and

9. Any additional information required by the Commission from

the transmission developer prior to or during the hearing,

including, but not limited to, information related to potential

impacts to ad valorem taxes to surface owners.

E. Approval through an order of the Commission is required

prior to the effectiveness of any transfer.

F. Within two hundred (200) days of filing the original

application or any amended application with the Commission, if the

transmission developer has met the aforementioned requirements, the

Commission shall issue an order granting a certificate of authority.

Failure to issue an order on a completed application by the

Commission shall result in the certificate of authority being deemed

granted.

G. The Commission is authorized to assess a filing fee for any

certificate of authority, not to exceed One Thousand Dollars

($1,000.00). The Commission shall promulgate rules to implement

this act. Nothing in this act will be deemed to authorize any

transmission developer the power to exercise eminent domain,

condemnation, siting, or project-specific approval not already

provided in the Oklahoma Statutes.
Okla. Stat. tit. 17, § 17-123 — OK Code / Title 17 / Section 17-123
Appealed orders - Additional judgment for expenses of
Status: in_force

commission.

In all cases where an order fixing rates to be charged by any

public service corporation, person or firm, has been appealed from

and a supersedeas issued, the Corporation Commission, in making all

orders requiring a refund of overcharges during the time the rates

or charges were suspended, shall require such public service

corporation, person, or firm, to pay, in addition to such refund,

all expenses incurred by the Corporation Commission in checking such

refund, determinating to whom the same belongs, and in delivering

the same to the party lawfully entitled thereto.
Okla. Stat. tit. 17, § 17-605 — OK Code / Title 17 / Section 17-605
Renumbered as § 130.5 of Title 74 by Laws 1991, c. 235, §
Status: in_force

23, eff. July 1, 1991.
Okla. Stat. tit. 17, § 17-158.21a — OK Code / Title 17 / Section 17-158.21a
Provisions of act in conflict or inconsistent with
Status: in_force

Constitution - Amendment to 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, § 17-801.8 — OK Code / Title 17 / Section 17-801.8
Legislative declaration on natural gas – Corporation Commission report and
Status: in_force

Oklahoma Statutes - Title 17. Corporation Commission Page 10Commission report and recommendations.

A. The Legislature declares that renewable natural gas is a

complement to our state's vast natural gas and renewable energy

resources that can be carbon neutral or carbon negative.

B. It is further declared the intent of the Legislature to

ensure renewable natural gas is allowable in the portfolio of

natural gas utilities on behalf of Oklahoma energy consumers for

their fueling, heating and power needs, and that natural gas

utilities play a unique and necessary role in procuring,

transporting and delivering gas, including renewable natural gas, to

Oklahoma energy consumers.

C. For purposes of this section:

1. "Biogas" means a mixture of carbon dioxide and hydrocarbons,

primarily methane gas, released from the biological decomposition of

waste, including, but not limited to, animal manure, wastewater,

municipal solid waste, landfilled waste, fats, oils and greases and

food waste; and

2. "Renewable natural gas" means:

a. biogas-derived methane gas that is interchangeable

with geologic natural gas,

b. hydrogen gas or carbon oxides derived from renewable

energy sources, or

c. methane gas derived from any combination of hydrogen

gas or carbon oxides derived from renewable energy

sources, biogas and waste carbon dioxide.

D. The Oklahoma Corporation Commission shall, no later than

December 1, 2021, issue a report and recommendations to the

Legislature regarding the ability and appropriateness of natural gas

utilities to procure, transport and deliver renewable natural gas to

customers. The report shall address a recommendation for the

state's renewable fuel standard or goal to more proactively promote

biogas, renewable natural gas and hydrogen as solutions for reducing

methane emissions and other environmental problems. The report

shall also discuss the methods for recovery of associated costs from

ratepayers, such as transport infrastructure and commodity costs.

The report shall also address the production of educational

Oklahoma Statutes - Title 17. Corporation Commission Page 299

materials to provide Oklahoma residents with information regarding

renewable natural gas and its positive environmental impacts and

benefits. The report shall also discuss future reporting

requirements for all producers so the Commission can report progress

annually to the Legislature. The report shall be due to the

Legislature no later than December 1, 2021.
Okla. Stat. tit. 17, § 17-132 — OK Code / Title 17 / Section 17-132
Application for certificate - Notice
Status: in_force

Oklahoma Statutes - Title 17. Corporation Commission Page 44

The application for a Certificate of Convenience and Necessity

pursuant to Section 131 of this title shall be under such rules as

the Corporation Commission may, from time to time, prescribe. Upon

receipt of any such application for such certificate, the Commission

shall cause notice thereof to be published once a week for two (2)

consecutive weeks in some newspaper of general circulation in each

territory affected, 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.
Okla. Stat. tit. 17, § 17-160.17 — OK Code / Title 17 / Section 17-160.17
Inspection of records
Status: in_force

A. Any landowner who has, through a lease, easement, or other

arrangement, allowed a wind turbine foundation to be placed on the

property of the landowner and who is paid based on the amount of

electrical energy produced from the conversion of wind energy shall

have the right to inspect the records of the owner or operator of

the wind turbine or wind energy facility for the purposes of

confirming the accuracy of any payments made to the landowner within

the past twenty-four (24) months.

B. The owner or operator of any wind turbine or wind energy

facility, any portion of which is located in this state, upon

request of a landowner with the right to inspect records as set

forth in subsection A of this section and within a reasonable time,

but no more than once per calendar year, shall make available within

the state all records, documents, data, and other information, or

copies thereof, as are necessary for a landowner to conduct the

inspection specified in subsection A of this section. The records

shall be made available in a location and manner that affords a

landowner reasonable access to the records during normal business

hours. The landowner shall be permitted a reasonable length of time

to complete the inspection and shall not cause undue disruption to

the operations of the owner or operator during the inspection. The

records shall be subject to confidentiality requirements contained

in the respective landowner lease agreement.
Okla. Stat. tit. 17, § 17-160.35 — OK Code / Title 17 / Section 17-160.35
Restriction on use of municipal revenues for charging
Status: in_force

or fueling stations.

A municipality that owns or operates an electric charging

station or hydrogen fueling station that begins operations after

November 1, 2023, shall not use revenues derived by the municipality

from the sale of electric power delivered through a municipally

owned electric distribution system in order to construct or maintain

such electric charging station or hydrogen fueling station and the

municipality shall keep such accounts, books, and records as may be

required in order for an audit of the municipal expenditures to be

performed at any time in order for the municipality to prove

compliance with the provisions of this section.
Okla. Stat. tit. 17, § 17-801.5 — OK Code / Title 17 / Section 17-801.5
Natural gas energy standard
Status: in_force

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

to promote natural gas energy development in order to take advantage

of our state’s vast natural gas resources and its compatibility with

wind energy.

B. It is further declared the intent of the Legislature to

promote natural gas energy development in this state by establishing

a natural gas energy standard to increase the use of natural gas as

an electricity generation fuel.

C. There is hereby established a natural gas energy standard to

supplement the increased volume of renewable energy and to

capitalize on the state’s abundant natural gas resources. The

natural gas energy standard shall be achieved by declaring natural

gas as the preferred choice of electric generation for new

generating facilities in this state.

D. It is the intent of the state that new generating facilities

and added capacity to existing generating facilities built in this

state be powered by natural gas. Any electricity generating entity

in the state choosing a source other than natural gas may provide

evidence to the Corporation Commission, or other appropriate

regulatory body of those entities not regulated by the Commission,

that the fuel source chosen by such entity is in the best interest

of this state’s electric consumers.
Okla. Stat. tit. 17, § 17-160.36 — OK Code / Title 17 / Section 17-160.36
Enforcement — Penalties
Status: in_force

A. The Commission shall have authority to enforce violations of

this act for retail electric suppliers that are rate-regulated by

the Corporation Commission. A complaint may be brought to the

Commission at any time. If the Commission determines, after

investigation and an evidentiary hearing, that the retail electric

supplier has violated this act, the Commission may assess a fine

against the utility for contempt as set forth in Section 1 et seq.

of Title 17 of the Oklahoma Statutes and may order such further

action as may be fair, just, and reasonable under the circumstances

of the proceeding.

B. The district court shall have authority to enforce

violations of this act for retail electric suppliers not rate-

regulated by the Commission and municipal corporations. A petition

may be filed with the district court at any time by an aggrieved

party. If the district court determines, after hearing the matter,

that the retail electric supplier or municipal corporation is in

violation of this act, the district court may order the violation

cease and levy civil charges or penalties against the retail

Oklahoma Statutes - Title 17. Corporation Commission Page 142

electric supplier or municipal corporation consistent with the civil

enforcement provisions for contempt as set forth in Section 1 et

seq. of Title 17 of the Oklahoma Statutes and may order such further

action as may be fair, just, and reasonable under the circumstances

of the proceeding.
Okla. Stat. tit. 17, § 17-11 — OK Code / Title 17 / Section 17-11
Proceedings when no quorum present
Status: in_force

At any time a cause is set for hearing and a quorum of the

Commission is not present at the time set for said hearing, any

member thereof may adjourn the hearing to some future time or said

Commissioner present may proceed to take the testimony, which shall

be transcribed and submitted to the Commission before consideration

thereof; said testimony so taken shall be submitted to the

Commission at a time and place fixed by the Commissioner taking the

same.
Okla. Stat. tit. 17, § 17-91 — OK Code / Title 17 / Section 17-91
Power of Corporation Commission respecting fences
Status: in_force

Where application is made to the Corporation Commission for

fence or repairs to fence along a railroad or railway right-of-way

by a landowner whose property adjoins said right-of-way, the

Corporation Commission is hereby vested with power to enforce the

installation of such fence or its repairs.
Okla. Stat. tit. 17, § 17-72 — OK Code / Title 17 / Section 17-72
Effect of act - Amendment of Constitution - Vested rights
Status: in_force

This act shall have the effect of amending Section 37, Article

IX of the Constitution prescribing and fixing passenger rates at two

cents ($0.02) per mile, by conferring upon the Corporation

Commission the power to promulgate and fix other than two cents

($0.02) per mile for passenger fare upon railroads and

transportation companies within the state, after due notice and

hearing; provided, that any orders issued by the Corporation

Commission hereunder shall not have the effect of interfering with

any right vested and accrued under the existing law.
Okla. Stat. tit. 17, § 17-262 — OK Code / Title 17 / Section 17-262
Applications through common representative
Status: in_force

Nothing in this act shall prevent similarly situated electric

distribution cooperatives from making, or the Commission from

accepting, filings and applications as shall be required

simultaneously and through a common representative.
Okla. Stat. tit. 17, § 17-139.2 — OK Code / Title 17 / Section 17-139.2
Operator-assisted services - Operating requirements -
Status: in_force

Inclusion of law in directories of subscribers.

A. The Corporation Commission shall, by rule or order,

promulgate and enforce operating requirements for every corporation

or person, other than a telephone corporation authorized by the

Oklahoma Statutes - Title 17. Corporation Commission Page 49

Commission to operate within a service area, which, for a charge,

furnishes operator-assisted services. These requirements shall

include, but not be limited to:

1. A requirement that furnishing these operator-assisted

services for telephone calls within a service area is prohibited

unless the Commission, after instituting a proceeding for the

purpose, finds and determines that to permit these operator-assisted

services is in the public interest; provided, state, federal, local

and county jails and correctional facilities may utilize operator-

assisted services in conjunction with collect call only telephones,

if intended for exclusive use by prisoners;

2. A requirement that the charges for these operator-assisted

services be disclosed to users of the services upon request; and

3. The provider of operator services, upon accessing a call,

shall audibly and distinctly identify the company to the user of any

telephone before any charges are incurred and shall permit the

consumer to terminate the telephone call at no charge.

B. The Commission shall require every telephone corporation

which publishes a directory of subscribers to include in that

directory information comprising the substance of this section and

the rules and orders of the Commission promulgated pursuant to this

section.
Okla. Stat. tit. 17, § 17-305 — OK Code / Title 17 / Section 17-305
Corporation Commission and Department of Environmental
Status: in_force

Quality designated as state agencies to administer certain federal

programs.

Oklahoma Statutes - Title 17. Corporation Commission Page 215

Within their respective jurisdictional areas, the Corporation

Commission and the Department of Environmental Quality are hereby

designated as the state agencies to administer subtitle I of Title

VI of the Solid Waste Disposal Act and Section 205 of the Superfund

Amendments and Reauthorization Act of 1986, 42 U.S.C.A., Section

6991 et seq. The Corporation Commission shall have jurisdiction

over underground and aboveground storage tanks that contain

antifreeze, motor oil, motor fuel, gasoline, kerosene, diesel, or

aviation fuel and that are not located at refineries or at upstream

or intermediate shipment points of pipeline operations, including,

but not limited to, tanks from which these materials are dispensed

into vehicles, or tanks used in wholesale or bulk distribution

activities, as well as leaks from pumps, hoses, dispensers, and

other ancillary equipment associated with the tanks, whether above

the ground or below; provided that any point source discharge of a

pollutant to waters of the United States during site remediation or

the off-site disposal of contaminated soil, media, or debris shall

be regulated by the Department of Environmental Quality. The

Department of Environmental Quality shall have jurisdiction over

underground and aboveground storage tanks containing hazardous

substances and other substances or facilities not within the

jurisdiction of the Corporation Commission.
Okla. Stat. tit. 17, § 17-190 — OK Code / Title 17 / Section 17-190
Addition of optical fiber to electric towers - Additional
Status: in_force

easement or license.

The addition of optical fiber as part of the static wire

attached to electricity towers and appurtenant structures together

with all associated equipment for the transmission of communications

and information services by optical fiber shall be considered a part

of the transmission system and shall not constitute an additional

burden on the land or require an additional easement or license;

provided, however, no additional poles or other structures are

installed on the property; and provided further, no additional

poles, structures, wires, cables, or other facilities may be placed

except as provided by the existing easement; and provided further,

no damage shall be permitted either within or outside of the

existing easement during the installation, repair, replacement, or

maintenance of the optical fiber line.

Communication services or information services provided over

such facilities shall be solely for the internal use of the company

or cooperative. Such services shall not be offered to any other

entity on a wholesale, retail or any other basis.

Oklahoma Statutes - Title 17. Corporation Commission Page 161
Okla. Stat. tit. 17, § 17-341.1 — OK Code / Title 17 / Section 17-341.1
Fuel inspection and compliance personnel
Status: in_force

For the purpose of enforcing the fuel inspection laws of the

State of Oklahoma, the Corporation Commission Petroleum Storage Tank

Division shall appoint and assign fuel inspection and compliance

personnel sufficient to discharge the duties and obligations of the

Commission regarding the inspection, testing, calibration and

compliance of fuel and fuel storage facilities pursuant to the

Oklahoma Petroleum Storage Tank Consolidation Act.
Okla. Stat. tit. 17, § 17-158.41 — OK Code / Title 17 / Section 17-158.41
Short title
Status: in_force

Sections 2 through 5 of this act shall be known and may be cited

as the “Retail Electric Consumer Cost Reduction, Safety and Service

Efficiency Act”.
Okla. Stat. tit. 17, § 17-83 — OK Code / Title 17 / Section 17-83
Procedure before Commission - Appeals
Status: in_force

In all actions arising before the Corporation Commission the

same rules as to procedure, notice of hearing and trial, and as to

appeals to the Supreme Court, shall be applicable as are prescribed

for said Commission, as to transportation companies generally; and

the same rules applicable to the enforcement of other orders of the

Corporation Commission as to transportation companies shall be

applicable to the enforcement of any order or orders made hereunder.
Okla. Stat. tit. 17, § 17-314 — OK Code / Title 17 / Section 17-314
Annual report of new releases
Status: in_force

The Corporation Commission shall prepare an annual compilation

of new reported releases at the end of the fiscal year, make

available to the public and provide that report to the Storage Tank

Advisory Council, the Legislature and to the Governor. The report

shall contain:

1. The number of petroleum release cases activated during the

fiscal year;

2. The number of petroleum release cases closed during the

fiscal year; and

3. The number of petroleum release cases closed since

inception.
Okla. Stat. tit. 17, § 17-37 — OK Code / Title 17 / Section 17-37
Certain federal rules and regulations not to be enforced -
Status: in_force

Exceptions.

The Corporation Commission shall not enforce any federal

administrative rule or regulation prior to its effective date unless

the administrative rule or regulation can be demonstrated to be

economically beneficial to the State of Oklahoma or the people of

Oklahoma.
Okla. Stat. tit. 17, § 17-604 — OK Code / Title 17 / Section 17-604
Renumbered as § 130.4 of Title 74 by Laws 1991, c. 235, §
Status: in_force

23, eff. July 1, 1991.
Okla. Stat. tit. 17, § 17-509 — OK Code / Title 17 / Section 17-509
Amendment and modification of property rights and
Status: in_force

obligations - Distribution of production.

Property rights, leases, contracts and all other obligations

shall be regarded as amended and modified to the extent necessary to

conform to the provisions and requirements of this act and to any

valid and applicable plan of unitization of the Commission made and

adopted pursuant hereto, but not otherwise.

Nothing contained in this act shall be construed to require a

transfer to, or to cause a vesting in, the unit of title to the

separately owned tracts or leases within the unit area other than

the right to use and operate the same to the extent set out in the

plan of unitization. All property, whether real or personal, which

the unit may in any way acquire or possess shall be held or

possessed by the operator for the account and as agent of the

several owners of the right to drill for and produce brine and shall

be the property of such owners, subject, however, to the right of

the operator to the possession, management, use or disposal of the

same in the proper conduct of its affairs, and subject to any lien

the operator may have thereon to secure the payment of unit

expenses.

The production allocated to each separately owned tract within

the unit, and only that amount, regardless of the well or wells in

the unit area from which it may be produced and regardless of

whether it be more or less than the amount of production from the

well or wells, if any, on any such separately owned tract, shall for

all intents, uses and purposes be regarded and considered as

production from such separately owned tract.

Except as may be otherwise authorized in this act, or in the

plan of unitization approved by the Commission, such production

shall be distributed among or the proceeds thereof paid to the

several persons entitled to share in production from such separately

owned tract in the same manner that they would have participated in

the production or proceeds thereof from such separately owned tract

had not said unit been organized.

Operations carried on under the plan of unitization shall be

regarded as a fulfillment of and compliance with all of the

provisions of the brine or solution gas leases or other contracts

upon lands included within the unit area insofar as said leases or

contracts may relate to the common source of supply or portion

thereof included within the unit. Wells drilled on or operated on

any part of the unit area, no matter where located, shall be

regarded as wells drilled on each separately owned tract within the

unit area.
Okla. Stat. tit. 17, § 17-160.18 — OK Code / Title 17 / Section 17-160.18
Report to Corporation Commission
Status: in_force

A. The owner or operator of any wind turbine or wind energy

facility shall report to the Corporation Commission the power

generated from the wind turbine or wind energy facility, the

nameplate capacity of the wind turbine or wind energy facility, and

the location of the wind turbine or wind energy facility.

B. In the event that a wind energy facility contains wind

turbines with different nameplate capacities, the information

required in subsection A of this section shall be separated by

generation from each nameplate capacity.

C. The information required by this section shall be reported

on an annual basis, with the information due not later than March 1

of each calendar year.
Okla. Stat. tit. 17, § 17-346 — OK Code / Title 17 / Section 17-346
Duty to inspect fueling facilities
Status: in_force

A. It shall be the duty of the Petroleum Storage Tank Division

to inspect all fueling facilities where regulated substances are

Oklahoma Statutes - Title 17. Corporation Commission Page 264

kept or stored, for the purpose of determining whether or not such

products comply with the orders, rules and specifications of the

Corporation Commission and the laws of the state. The Petroleum

Storage Tank Division may take samples from any and all places where

such products are kept or stored, and shall test the same or have

the same tested to determine whether or not the owner or other

person in charge of the fueling facility where regulated substances

are kept or stored is complying with the orders, rules and

specifications of the Corporation Commission and the laws of this

state.

B. It shall be the further duty of the Petroleum Storage Tank

Division whenever it finds a dispenser or receptacle used for

delivering regulated substances which does not meet the minimum

specifications required by the rules of the Corporation Commission

and the laws of the state immediately to seal and lock the dispenser

or receptacle. The seal will be removed when the violation is

corrected. The owner has the right to apply for a hearing before

the Corporation Commission.

The Petroleum Storage Tank Division shall make such reports to

the Corporation Commission as required.
Okla. Stat. tit. 17, § 17-55 — OK Code / Title 17 / Section 17-55
Use of frac tanks with unprotected manways prohibited
Status: in_force

Oklahoma Statutes - Title 17. Corporation Commission Page 35

No employer in this state shall use any frac tanks with

unprotected manways into which a person could fall.
Okla. Stat. tit. 17, § 17-160.22 — OK Code / Title 17 / Section 17-160.22
Authority to promulgate rules and set fees
Status: in_force

The Corporation Commission shall have authority to promulgate

rules as necessary to implement the provisions of the Oklahoma Wind

Energy Development Act and to set fees necessary to carry out the

duties and responsibilities of the Commission pursuant to the act.
Okla. Stat. tit. 17, § 17-158.55 — OK Code / Title 17 / Section 17-158.55
Domestic public utility - Filing application for
Status: in_force

approval - Exemption.

If the acquiring party is a domestic public utility, and the

rural electric cooperative, control of which is sought to be

acquired in a transaction described in Section 2 of this act which

would require the filing of a statement pursuant to Section 2 of

this act, is subject to the jurisdiction of the Commission, an

application for approval containing such information as the

Commission may prescribe by rule or regulation adopted pursuant to

this act, shall be filed with and heard by the Commission after such

notice as the Commission may prescribe, and the transaction approved

or disapproved based upon the factors enumerated in paragraphs 1

through 5 of subsection A of Section 4 of this act, subject to

judicial review as provided in Section 11 of this act, but the other

provisions of this act shall not apply to such transaction. This

act shall not apply to mergers or consolidations of rural electric

cooperatives governed by Section 437.13 or 437.14 of Title 18 of the

Oklahoma Statutes.
Okla. Stat. tit. 17, § 17-160.34 — OK Code / Title 17 / Section 17-160.34
Suppliers not to discriminate among charging providers
Status: in_force

A retail electric supplier shall not discriminate among electric

vehicle charging providers, and the same fees, terms, and conditions

shall apply to every electric vehicle charging provider, including

the retail electric supplier’s separate, unregulated entity,

subsidiary, or affiliate.
Okla. Stat. tit. 17, § 17-190.9 — OK Code / Title 17 / Section 17-190.9
Collection of municipal taxes by retail service
Status: in_force

distributors.

Notwithstanding any other provision of law, all retail electric

service distributors shall, within the boundaries of a municipal

corporation, on or after the effective date of full implementation

of retail consumer choice, on a nondiscriminatory basis, collect and

remit all applicable municipal taxes assessed against the end

consumers on the sale of electricity within such municipality.
Okla. Stat. tit. 17, § 17-9 — OK Code / Title 17 / Section 17-9
Taxation of costs and fees
Status: in_force

In all cases where fines or judgments are assessed against an

offending corporation, person or firm for the violation of any order

or requirement of the Commission, as provided in this article,

judgment shall be rendered against the defendant for all costs,

which shall include the following: Witness fees at One Dollar and

fifty cents ($1.50) per day, with necessary mileage at five cents

($0.05) per mile, to and from the place of hearing to the residence

of the witness; the fees of the Marshal to the Commission, the same

as now allowed to sheriffs for like services in this state; Ten

Dollars ($10.00) docket fee, including all fees for filing and

certifying papers and documents, except necessary fee for

transcribing the record, ten cents ($0.10) for each folio of one

hundred words; and in the Supreme Court, the same fees as are

charged in cases appealed from the district courts of this state to

the Supreme Court.
Okla. Stat. tit. 17, § 17-521 — OK Code / Title 17 / Section 17-521
Failure to negotiate damages agreement - Petition for
Status: in_force

appointment of appraisers - Notice - Selection of appraisers -

Report by appraisers - Filing of exceptions or demand for jury trial

- Assessment of costs and attorney fees.

A. Prior to entering the site with heavy equipment, the

operator shall negotiate with the surface owner for the payment of

any damages which may be caused by the drilling operation. If the

parties agree, and a written contract is signed, the operator may

enter the site to drill. If agreement is not reached, or if the

operator is not able to contact all parties, the operator shall

petition the district court in the county in which the drilling site

is located for appointment of appraisers to make recommendations to

the parties and to the court concerning the amount of damages, if

any. Once the operator has petitioned for appointment of

appraisers, he may enter the site to drill.

B. Ten (10) days' notice of the petition to appoint appraisers

shall be given to the opposite party, either by personal service or

by leaving a copy thereof at his usual place of residence with some

member of his family over fifteen (15) years of age, or, in the case

of nonresidents, unknown heirs or other persons whose whereabouts

Oklahoma Statutes - Title 17. Corporation Commission Page 286

cannot be ascertained, by publication in one issue of a newspaper

qualified to publish legal notices in said county, as provided in

Section 106 of Title 25 of the Oklahoma Statutes, said ten-day

period to begin with the first publication.

C. The operator shall select one appraiser, the surface owner

shall select one appraiser, and the two selected appraisers shall

select a third appraiser for appointment by the court. Unless, for

good cause shown, additional time is allowed by the district court,

the three (3) appraisers shall be selected within twenty (20) days

of service of the notice of the petition to appoint appraisers or

within twenty (20) days of the first date of publication of the

notice as specified in subsection B of this section. If either of

the parties fails to appoint an appraiser or if the two appraisers

cannot agree on the selection of the third appraiser within the

required time period, the remaining required appraisers shall be

selected by the district court upon application of either party.

Before entering upon their duties, such appraisers shall take and

subscribe an oath, before a notary public or some other person

authorized to administer oaths, that they will perform their duties

faithfully and impartially to the best of their ability. They shall

inspect the real property and consider the surface damages which the

owner has sustained or will sustain by reason of entry upon the

subject land and by reason of drilling or maintenance of brine

production on the subject tract of land. The appraisers shall then

file a written report within thirty (30) days of the date of their

appointment with the clerk of the court. The report shall set forth

the quantity, boundaries and value of the property entered on or to

be utilized in said brine drilling, and the amount of surface

damages done or to be done to the property. The appraisers shall

make a valuation and determine the amount of compensation to be paid

by the operator to the surface owner and the manner in which the

amount shall be paid. Said appraisers shall then make a report of

their proceedings to the court. The compensation of the appraisers

shall be fixed and determined by the court. The operator and the

surface owner shall share equally in the payment of the appraisers'

fees and court costs.

D. Within ten (10) days after the report of the appraisers is

filed, the clerk of the court shall forward to each attorney of

record, each party, and interested party of record, a copy of the

report of the appraisers and a notice stating the time limits for

filing an exception or a demand for jury trial as provided for in

this section.Selection of appraisers - Report by appraisers - Filing of exceptions or demand for jury trial -

Oklahoma Statutes - Title 17. Corporation Commission Page 9in the payment of the appraisers'

fees and court costs.

D. Within ten (10) days after the report of the appraisers is

filed, the clerk of the court shall forward to each attorney of

record, each party, and interested party of record, a copy of the

report of the appraisers and a notice stating the time limits for

filing an exception or a demand for jury trial as provided for in

this section.

1. This notice shall be on a form prepared by the

Administrative Director of the Courts, approved by the Oklahoma

Supreme Court, and supplied to all district court clerks.

2. If a party has been served by publication, the clerk shall

forward a copy of the report of the appraisers and the notice of

Oklahoma Statutes - Title 17. Corporation Commission Page 287

time limits for filing either an exception or a demand for jury

trial to the last-known mailing address of each party, if any, and

shall cause a copy of the notice of time limits to be published in

one issue of a newspaper qualified to publish legal notices as

provided in Section 106 of Title 25 of the Oklahoma Statutes.

3. After issuing the notice provided herein, the clerk shall

endorse on the notice form filed in the case the date that a copy of

the report and the notice form was forwarded to each attorney of

record, each party, and each interested party of record, or the date

the notice was published.

E. The time for filing an exception to the report or a demand

for jury trial shall be calculated as commencing from the date the

report of the appraisers is filed with the court. Upon failure of

the clerk to give notice within the time prescribed, the court, upon

application by any interested party, may extend the time for filing

an exception to the report or filing a demand for trial by jury for

a reasonable period of time not less than twenty (20) days from the

date the application is heard by the court. Appraisers' fees and

court costs may be the subject of an exception, may be included in

an action by the petitioner and may be set and allowed by the court.

F. The report of the appraisers may be reviewed by the court,

upon written exceptions filed with the court by either party within

thirty (30) days after the filing of the report. After the hearing,

the court shall enter the appropriate order either by confirmation,

rejection, modification or order of a new appraisal for good cause

shown. Provided, that in the event a new appraisal is ordered, the

operator shall have continuing right of entry subject to the

continuance of the bond required herein. Either party may, within

sixty (60) days after the filing of such report, file with the clerk

a written demand for a trial by jury, in which case the amount of

damages shall be assessed by a jury. The trial shall be conducted

and judgment entered in the same manner as railroad condemnation

actions tried in the court. If the party demanding the jury trial

does not recover a verdict more favorable to him than the assessment

award of the appraisers, all court costs including reasonable

attorney fees shall be assessed against him.
Okla. Stat. tit. 17, § 17-850 — OK Code / Title 17 / Section 17-850
Definitions
Status: in_force

As used in this act:

1. “Certificate of authority” means authorization for a

transmission developer to comply with the provisions of this act by

an order of the Corporation Commission through filing a case with an

application, notice, and hearing. The Commission shall establish a

unique and identifiable designation for the filing of such cases;

2. “Electric transmission facility” means a high-voltage

transmission line or high-voltage associated transmission facility

with a rating of greater than three hundred (300) kilovolts;

3. “FERC” means the Federal Energy Regulatory Commission;

4. “Transfer” means any sale, assignment, or change in

ownership of the electric transmission facility by a transmission

developer; and

5. “Transmission developer” means any person, firm,

corporation, or entity that develops, owns, operates, controls,

manages, or maintains an electric transmission facility within this

state and is licensed to do business in Oklahoma.
Okla. Stat. tit. 17, § 17-158.23 — OK Code / Title 17 / Section 17-158.23
Geographical areas
Status: in_force

It is hereby declared to be in the public interest that, in

order to encourage the orderly development of coordinated statewide

retail electric service, to avoid wasteful duplication of

distribution facilities, to avoid unnecessary encumbering of the

landscape of the State of Oklahoma, to prevent the waste of

materials and natural resources, for the public convenience and

necessity and to minimize disputes between retail electric suppliers

which may result in inconvenience, diminished efficiency and higher

costs in serving the consumer, the state be divided into

geographical areas, establishing the unincorporated areas within

Oklahoma Statutes - Title 17. Corporation Commission Page 90

which each retail electric supplier is to provide the retail

electric service as provided in this act.
Okla. Stat. tit. 17, § 17-608 — OK Code / Title 17 / Section 17-608
Corporation Commission - Jurisdiction over sales of
Status: in_force

compressed natural gas - Notice of price increases - Hearing.

A. The Corporation Commission shall have jurisdiction over all

sales in this state of compressed natural gas to the state or any

county, municipality or public trust authority located within this

state, the State Department of Education or any school district

within this state, if the compressed natural gas is utilized in a

government vehicle or a school vehicle as defined in Section 2 of

this act.

B. Any entity engaged in the sale of compressed natural gas, in

the manner specified in subsection A of this section, and not

otherwise determined to be a public utility pursuant to Section 151

of this title, shall be required to give notice to the Commission

prior to increasing the price of compressed natural gas more than

five percent (5%). The Commission shall either approve the increase

within five (5) business days of the notification or notify the

entity of the suspension of the price increase pending further

investigation of such increase. The Commission shall give notice

and conduct hearings concerning such price increases as the

Commission deems appropriate and the Commission shall notify the

Attorney General of the time and place any such hearings are to be

Oklahoma Statutes - Title 17. Corporation Commission Page 290

held. In determining whether the increase should be granted, the

Commission shall consider:

1. the costs of the entity to provide the compressed natural

gas;

2. the availability of alternate fuel supplies to consumers;

and

3. the potential impact of the proposed increase on the

availability of compressed natural gas.

Any public utility engaged in the sale of compressed natural gas in

the manner specified in subsection A of this section shall not sell

such compressed natural gas at a price greater than the applicable

tariff rate for commercial customers of such public utility plus the

costs of compressing such gas.

C. Notice to the Commission shall be given by filing a verified

statement with the Director of the Public Utility Division which

sets forth:

1. the name and address of the entity;

2. the current price and the proposed price;

3. documentation which supports the need for the increase; and

4. the proposed date of the increased price.

D. The Commission shall have the authority to promulgate any

rules and regulations as it may deem necessary concerning the

regulation of compressed natural gas prices pursuant to the

provisions of this section.
Okla. Stat. tit. 17, § 17-802.2 — OK Code / Title 17 / Section 17-802.2
Oklahoma Low Carbon Energy Initiative - Duties
Status: in_force

A. There is hereby created the Oklahoma Low Carbon Energy

Initiative, referred to in Section 802.1 et seq. of this title as

the Initiative, which shall serve as a strategic program designed to

create, advance, and promote new and existing energy research and

development, use, supply chain activity, and infrastructure related

to Oklahoma's core energy competencies by:

1. Promoting research and development in the areas of

conventional and unconventional oil and natural gas development and

production, hydrogen production, storage, and distribution, CO2

enhanced oil recovery, wind forecasting, advanced biofuels, energy

storage, water management, nuclear energy, energy policy and

economic analysis, energy system optimization, renewable energy

integration into the electrical grid, and similar energy

technologies;

2. Fostering communication and collaboration between state and

federal governmental agencies, institutions of higher education, and

private entities located throughout Oklahoma;

3. Advancing research and development programs and growing

production, supply chain activity, and infrastructure that provide

benefits to all industries and regions of the state;

4. Streamlining research and development efforts between

private and public industry to create synergistic relationships that

coordinate, not duplicate, efforts;

5. Establishing Oklahoma as a regional resource and

clearinghouse for transformative energy technologies in the areas of

traditional energy, hydrogen production, storage, and distribution,

and renewable resource research and development;

6. Attracting best-in-class researchers to Oklahoma in

competency areas aligned with Oklahoma's natural resource base;

7. Coordinating with the Oklahoma Department of Commerce to

enhance venture capital investment in energy-related research and

business opportunities;

Oklahoma Statutes - Title 17. Corporation Commission Page 301

8. Promoting seed funding that can be leveraged against state,

federal, and private-source funding to establish sufficient startup

resources; and

9. Satisfying equipment needs related to monitoring seismic

activity.

B. The Initiative may receive assistance from any state agency

or public entity to implement the provisions of the Oklahoma Energy

Initiative Act including, but not limited to, administrative

assistance, staffing or legal counsel and provision of office space

or equipment as necessary. Assistance agreements may be made by

memorandums of understanding or as otherwise provided by law.
Okla. Stat. tit. 17, § 17-160.1 — OK Code / Title 17 / Section 17-160.1
Ratemaking authority and general jurisdiction of
Status: in_force

Corporation Commission.

Oklahoma Statutes - Title 17. Corporation Commission Page 121

A. The Corporation Commission shall have ratemaking authority

and general jurisdiction over all supply systems of natural gas,

steam heat and steam serving the general public notwithstanding

operation thereof by a trust, authority, cooperative and subsidiary

created for the benefit or furtherance of a public function pursuant

to a trust or public trust, unless the said body operating said

system has financing or is in the process of financing the

acquisition, improvement or extension of the said system with a loan

from the United States of America and is a nonprofit trust.

B. The Corporation Commission shall also have general

supervision over any person or entity to whom the function of

operating a natural gas, steam heat or steam supply system has been

delegated by such a trust, authority, cooperative or subsidiary.

Provided nothing herein shall be construed to apply to a public

trust whose Board of Trustees is composed of elected officials or is

elected by the customers or a majority of which is composed of

members selected by the governing bodies of municipalities in which

the public trust operates, or members which it serves, and which

Board of Trustees has the authority to establish and regulate its

own rates.

C. The Corporation Commission shall have ratemaking authority

and general jurisdiction over all supply systems of steam and

chilled water serving any portion of any municipality if such system

serves more than fifty (50) off-site commercial customers within

such municipality.

D. The Corporation Commission shall have the power to fix and

establish rates and to prescribe rules, requirements and regulations

affecting their services, operation and the management and conduct

of the business of persons and entities subject to this act, Section

160.1 et seq. of this title, and shall inquire into the management

of the business thereof, and the method in which same is conducted.

It shall have full visitorial and inquisitorial power to examine

such operations, and keep informed as to their general conditions,

their capitalization, rates, plants, equipment, apparatus and other

property owned, leased, controlled or operated, the value of same,

the management, conduct, operation, practices and services, not only

with respect to the adequacy, security and accommodation afforded by

their service, but also with respect to their compliance with the

Constitution and laws of this state, and with the orders of the

Commission.

E. The ratemaking authority and general jurisdiction of the

Corporation Commission, created under this act, shall be subject to

the following exceptions:

1. The Corporation Commission shall not have ratemaking

authority or general jurisdiction over:

Oklahoma Statutes - Title 17. Corporation Commission Page 122

a. steam supply systems operated by public trusts which

supply steam to customers presently served by or

located within the mid-America industrial district, or

b. an institution of higher education, or related

entities, now operating such steam and chilled water

facilities not for profit; and

2. The Commission shall not have authority to:

a. compel an electric public utility to make inspections

of consumer-owned facilities, or

b. compel an electric public utility to provide electric

utility service wherein the electric public utility

believes such service is likely to endanger the public

health and safety or the health and safety of

employees of the electric public utility.
Okla. Stat. tit. 17, § 17-81 — OK Code / Title 17 / Section 17-81
Jurisdiction of Corporation Commission over crossings
Status: in_force

The Corporation Commission is given full jurisdiction over all

public highway crossings, where same cross steam or electric

railroads or railways within the State of Oklahoma.
Okla. Stat. tit. 17, § 17-310.1 — OK Code / Title 17 / Section 17-310.1
Notice to real property owners – Access to property -
Status: in_force

Compensation.

A. 1. The Commission shall provide notice and an opportunity

for hearing to:

a. the surface owner of real property where any

corrective action is to be taken if such person is not

the owner or operator of the storage tank system, and

b. the owner of real property adjacent to the location of

the corrective action if such real property owner will

be adversely affected by the corrective action.

2. The notice shall advise such real property owner or owners

that the corrective action is to be taken and that the owner's

cooperation will be required for that action to be taken. The

Oklahoma Statutes - Title 17. Corporation Commission Page 228

Commission shall give the owner or owners of such real property, as

the case might be, an opportunity for hearing and to present

evidence on the matter.

B. 1. The Commission is vested with the adjudicative authority

to enter orders allowing a petroleum storage tank system owner,

operator or otherwise responsible person access to property not

owned by the tank owner, operator or otherwise responsible person

when necessary to investigate, remediate or perform corrective

action as the result of a release. Actions shall be brought by the

tank owner, operator or otherwise responsible person seeking access

to the property not owned by the tank owner, operator, otherwise

responsible person or by the Director of the Petroleum Storage Tank

Division.

2. An order granting access shall only be entered upon a

determination that access cannot be obtained by any other means and

that the petroleum storage tank system owner, operator or otherwise

responsible person seeking access has made a good-faith effort to

obtain access.

3. The Commission shall determine the reasonable compensation,

if any, to be paid to the owner of the property which is to be

accessed for the use of the property to investigate, remediate or

perform corrective action as the result of a release.

4. An order granting access to property shall be upon such

terms as to reasonably minimize the impact of the access upon the

owner's use of the property and to protect the rights of the

property owner.
Okla. Stat. tit. 17, § 17-179 — OK Code / Title 17 / Section 17-179
Acts in conflict of interest by Commission members
Status: in_force

prohibited.

It shall be unlawful for any member of the Corporation

Commission to own any interest in or to assist in the financing of

any firm, corporation or business or to associate himself with any

firm, corporation or business which is subject to regulation by the

Corporation Commission or in which the influence of the Corporation

Commission is used to benefit such business.
Okla. Stat. tit. 17, § 17-116.9 — OK Code / Title 17 / Section 17-116.9
Penalties
Status: in_force

Violation by the owner of a motor vehicle of any rule or

regulation or any amendment thereto promulgated pursuant to this act

or any order issued by the commission under Section 7 of this act,

or willful failure to comply with such an order, is a misdemeanor,

and upon conviction thereof, the owner shall be punished by

confinement in the county jail for not more than one (1) year, or to

pay a fine not exceeding Five Hundred Dollars ($500.00) or by both

such confinement and fine.
Okla. Stat. tit. 17, § 17-343 — OK Code / Title 17 / Section 17-343
Inspection required for regulated substances and mixtures
Status: in_force

- Penalties.

A. It shall be unlawful for any person to sell, or offer for

sale, any regulated substance without first having had the same

inspected and any liquid intended to be mixed with any regulated

substance to form a mixture designed to be used as in internal

combustion engines.

B. It shall be unlawful for any person to sell, or offer for

sale, any mixtures or combinations of any two or more regulated

substances without first having had such mixture or combination

inspected as herein provided. It shall not be an excuse or defense

to a prosecution therefor that the component liquids had previously

been inspected.

C. If any person shall sell, or offer for sale, any regulated

substances or mixtures or combinations, without having had the same

inspected as herein provided, he or she shall be guilty of a

misdemeanor and be subject to a fine of Five Hundred Dollars

($500.00) per day per violation and imprisonment for ninety (90)

days, or both, for each offense.
Okla. Stat. tit. 17, § 17-301 — OK Code / Title 17 / Section 17-301
Short title – Oklahoma Petroleum Storage Tank
Status: in_force

Consolidation Act - Oklahoma Petroleum Storage Tank Division –

Responsibilities of Division.

A. Sections 301 through 348.9 of this title shall be known and

may be cited as the "Oklahoma Petroleum Storage Tank Consolidation

Act".

B. For the purposes of implementing the Oklahoma Petroleum

Storage Tank Consolidation Act, there is hereby recognized the

Oklahoma Petroleum Storage Tank Program administered by the

Petroleum Storage Tank Division of the Oklahoma Corporation

Commission.

C. The Petroleum Storage Tank Division shall maintain, operate

and administer the Oklahoma Petroleum Storage Tank Program and shall

include, but not be limited to, regulatory compliance activities,

enforcement of rules promulgated to implement regulatory programs,

technical review, development and approval of corrective action

plans and determinations that remediation of contaminated sites is

complete.

D. The Petroleum Storage Tank Division shall maintain, operate

and administer the Petroleum Storage Tank Indemnity Fund (Indemnity

Fund) and shall include, but not be limited to, processing,

reviewing and paying claims for corrective action costs resulting

from a release of regulated substances and mitigate environmental,

health and safety threats to the public. The Administrator of the

Indemnity Fund shall maintain, operate and administer the Indemnity

Fund, and process, review and pay claims to those individuals deemed

eligible for reimbursement for corrective action at eligible

petroleum release sites.

E. The Petroleum Storage Tank Division shall maintain, operate

and administer an inspection program for facilities that store or

dispense Commission-regulated substances for the purpose of

determining whether such products comply with the specifications,

requirements, rules and orders of the Corporation Commission and the

laws of the state.

F. The Petroleum Storage Tank Division shall maintain, operate

and administer a program for the regulation of antifreeze sold or

held with the intent to sell within the state for the purpose of

determining whether such products comply with the specifications,

requirements, rules and orders of the Corporation Commission and the

laws of the state.

Oklahoma Statutes - Title 17. Corporation Commission Page 204
Okla. Stat. tit. 17, § 17-122 — OK Code / Title 17 / Section 17-122
Judgment for overcharge - Lien - Collection
Status: in_force

Upon ascertaining the amount of overcharge due from any public

service corporation, person or firm, the Corporation Commission

shall have authority to render judgment against such public service

corporation, person, or firm, for the amount of such overcharge that

Oklahoma Statutes - Title 17. Corporation Commission Page 42

may have been collected from the public in violation of any legal

rate, or order of the Dommission, if necessary to insure the prompt

payment of the same to the Commission. Such judgment shall be a

lien upon the property of the public service corporation, person, or

firm, and shall be collected in the same manner that fines and

penalties imposed by the Corporation Commission are now authorized

to be collected by law, and, when collected, shall be paid

immediately by the Commission to the parties to whom it is due.
Okla. Stat. tit. 17, § 17-701 — OK Code / Title 17 / Section 17-701
Background information of employees or potential employees
Status: in_force

- NCIC searches for stolen vehicles - Transfer of authority.

A. 1. The Corporation Commission may promulgate rules to

require employees and potential employees in sensitive or law

enforcement positions to supply photographs, descriptions,

fingerprints, measurements and other pertinent information necessary

for a criminal history search by the Oklahoma State Bureau of

Investigation. The Commission may designate national criminal

history searches as defined in Section 150.9 of Title 74 of the

Oklahoma Statutes if it deems such information necessary.

2. The Commission shall be authorized to require enforcement

officers to be fingerprinted for submission of the fingerprints

through the Oklahoma State Bureau of Investigation to the Federal

Oklahoma Statutes - Title 17. Corporation Commission Page 291

Bureau of Investigation for a national criminal history check. The

Commission shall be the recipient of the results of the record

check.

B. The Commission shall request searches of the online and off-

line files of the National Crime Information Center (NCIC), or any

successor federal agency which supplies such information, to

identify apportioned motor vehicles or apportioned motor vehicle

license plates which have been reported stolen.

C. The Commission is authorized to promulgate rules or issue

orders to prohibit any person or company from conducting business or

participating in any manner of business with the Commission as the

Commission deems necessary. Any orders or rules pertaining to the

provisions of the Trucking One-Stop Shop Act which were issued by

the Oklahoma Tax Commission, on or after January 1, 2002, shall be

deemed to be in effect and transferred to the authority of the

Corporation Commission in accordance with the provisions of the

Trucking One-Stop Shop Act.

D. The Commission is authorized to promulgate any rules

necessary to implement the provisions of this section.
Okla. Stat. tit. 17, § 17-502 — OK Code / Title 17 / Section 17-502
Definitions
Status: in_force

As used in this act:

1. "Commission" shall mean the Corporation Commission of

Oklahoma;

2. "Person" shall include any individual, partnership,

corporation or association of whatever character;

3. "Common source of supply" shall include that area which is

underlain, or which from geological or other scientific data, or

from drilling operations, or other evidence, appears to be underlain

by a common accumulation of brine; provided, that, if any such area

is underlain or appears from geologic or other scientific data, or

from drilling operations, or from other evidence to be underlain by

more than one common accumulation of brine separated from each other

by a strata of earth and not connected with each other, then such

area, as to each said common accumulation of brine, shall be deemed

a separate common source of supply;

4. "Brine" shall mean subterranean saltwater and all of its

constituent parts and chemical substances therein contained,

including, but not limited to bromine, magnesium, potassium,

lithium, boron, chlorine, iodine, calcium, strontium, sodium,

sulphur, barium or other chemical substances produced with or

separated from such saltwater. Brine produced as an incident to the

production of oil or gas, unless such brine is saved or sold for the

purposes of removing chemical substances therefrom, shall not be

considered brine for the purposes of this act. Gas, whether found

in solution or otherwise, shall not be included within the meaning

of the term "brine";

5. "Brine owner" shall mean any person entitled to share in the

proceeds from the sale of brine production;

6. "Solution gas" shall mean all gas produced from brine wells

from the brine common source of supply within the unit area;

7. "Solution gas owner" shall mean any person entitled to share

in the proceeds from the sale of solution gas;

8. "Owner" or "owners", unless a more specific term is used,

shall mean any person or entity who qualifies as either a brine

owner or a solution gas owner;

9. "Operator" shall mean a person who has the right to drill

into and produce from any brine common source of supply and to

appropriate that production, either for himself, or for himself and

others, and is authorized by the Commission to drill;

10. "Effluent" shall mean the liquid remaining after extraction

of the chemical substances from brine;

11. "Brine production unit" or "unit" shall mean each separate

specific area of land so designated by order of the Commission for

Oklahoma Statutes - Title 17. Corporation Commission Page 273

production of brine and associated solution gas and the injection of

effluent;

12. "Injection well" shall mean a well authorized by the

Commission for the injection of effluent or other solutions; and

13. "Manufacture" shall mean the complete process of drilling,

completing, equipping and operating production and injection wells

and of extracting and packaging brine.
Okla. Stat. tit. 17, § 17-139.103 — OK Code / Title 17 / Section 17-139.103
Commission approval of changes in regulated
Status: in_force

telecommunications service rates required - Charges for basic local

exchange service rates limited - Application and effect of act -

Alternative form of regulation - Enforcement of quality of service

standards - Jurisdiction over access services and rates.

A. Except as provided as follows, no company shall increase or

decrease any regulated telecommunications service rate without

approval of the Corporation Commission, consistent with Commission

rules. The Commission shall promulgate rules, to be effective no

later than January 1, 1999, eliminating any regulatory disparities

between the CLECs and ILECs with respect to the process of reviewing

and approving tariffs.

B. Unless approved by the Legislature, no local exchange

telecommunications service provider may charge a basic local

exchange service rate that exceeds a basic local exchange service

Oklahoma Statutes - Title 17. Corporation Commission Page 57

rate previously approved by the Commission and in effect on March

20, 1997, unless the local exchange telecommunications service

provider is regulated under traditional rate base, rate of return

regulation. Provided, companies serving less than fifteen percent

(15%) of the total access lines in the state or which are subject to

subsection B of Section 137 of this title may adjust local exchange

rates in the manner provided for in subsection B of Section 137 of

this title.

C. Nothing in this act shall be construed as modifying,

affecting, or nullifying the responsibilities of the Commission or

any telecommunications carrier as required pursuant to the National

Labor Relations Act, the Communications Act of 1934 as amended by

the Telecommunications Act of 1996, or the provisions relating to

refund liability for overcharges pursuant to Section 121 et seq. of

this title.

D. Except as otherwise provided for in this subsection, nothing

in this act shall be construed as abrogating any rate case

settlement agreement approved by the Corporation Commission prior to

the effective date of this act. With respect to local exchange

telecommunications service providers serving fifteen percent (15%)

or more of the access lines in the state:

1. The company shall not request and the Commission shall not

approve an increase in basic local exchange service rates before

February 5, 2001;

2. The Commission shall not initiate or conduct a traditional

rate base, rate of return or earnings proceeding for any such

company before February 5, 2001, unless such company proposes and

the Commission approves an increase in a service rate that results

in an increase in overall revenues of more than five percent (5%) on

an annual basis for that company, excluding rate changes made

pursuant to subsection E of Section 139.106 of this title and rate

changes required or authorized by federal or state law, rules,

orders or policies;

3. Notwithstanding any other provision of this act, no later

than July 15, 1997, each such company shall submit to the

Commission, and the Commission shall approve tariff changes reducing

the intrastate access rates of that company by an amount necessary

to generate a reduction in the annual intrastate access revenues of

that company of Five Million Dollars ($5,000,000.00). The company

may seek recovery from the OUSF of only that portion of the annual

five-million-dollar revenue reduction taken as directed in this

paragraph that exceeds that amount necessary to achieve parity with

the interstate access rates of that company in effect on May 30,

1997. Thereafter the Commission shall continue to adjust the

intrastate access rates of such company as necessary to keep such

rates in parity with the interstate access rates of that company,

until the intrastate access revenues of that company have been

Oklahoma Statutes - Title 17. Corporation Commission Page 58

reduced by a cumulative annual amount of Eleven Million Five Hundredrequired - Charges for basic local exchange service rates limited - Application and effect of act -

Alternative form of regulation - Enforcement of quality of service standards - Jurisdiction overMay 30,

1997. Thereafter the Commission shall continue to adjust the

intrastate access rates of such company as necessary to keep such

rates in parity with the interstate access rates of that company,

until the intrastate access revenues of that company have been

Oklahoma Statutes - Title 17. Corporation Commission Page 58

reduced by a cumulative annual amount of Eleven Million Five Hundred

Thousand Dollars ($11,500,000.00), in addition to the five-million-

dollar annual reduction taken as directed in this paragraph. The

company may seek recovery of all or part of the eleven-million-five-

hundred-thousand-dollar annual revenue reduction from the OUSF. If

the company seeks recovery from the OUSF of such access revenue

reductions described in this paragraph, the Commission shall, after

notice and hearing, make a determination of the portion, if any, of

the amounts requested that the company is eligible to receive from

the OUSF;

4. No later than July 15, 1997, each such company shall submit

to the Commission, and the Commission shall approve revised tariffs

amending the terms and conditions provisions of the intrastate

access tariffs of that company so that those tariffs are in parity

with the terms and conditions provisions of the interstate access

tariffs of that company. Thereafter, on an ongoing basis, such

company shall maintain the terms and conditions provisions of the

intrastate access tariffs of that company so that they are in parity

with the terms and conditions provisions of the interstate access

tariffs of that company; and

5. All reductions in access rates provided for in paragraph 3

of this subsection shall be flowed through to customers, consistent

with the Commission's Order No. 282453, as issued by the Commission

in Cause No. 29217.

E. Upon application of a provider of regulated

telecommunications services, the Commission may implement an

alternative form of regulation other than traditional rate base,

rate of return regulation. In determining whether to approve an

alternative form of regulation or whether to continue regulation as

established in paragraph 2 of subsection D of this section beyond

February 5, 2001, the Commission shall consider the compliance of

the company with the federal Telecommunications Act of 1996 in

opening its network to local competition and implementing the

interconnection and access provisions of such act.

F. Nothing in this section shall be construed as restricting

any right of a consumer to complain to the Commission regarding

quality of service or the authority of the Commission to enforce

quality of service standards through the Commission's contempt

powers or authority to revoke or rescind a certificate of

convenience and necessity if the provider fails to provide adequate

service. A certificate shall not be revoked or rescinded without

notice, hearing, and a reasonable opportunity to correct any

inadequacy.

G. The rules of the Corporation Commission governing quality of

service shall apply equally to all local exchange telecommunications

service providers.

Oklahoma Statutes - Title 17. Corporation Commission Page 59

H. In a manner consistent with the provisions of this act and

rules promulgated by the Commission, the Commission shall retain

jurisdiction over access services and rates.
Okla. Stat. tit. 17, § 17-48 — OK Code / Title 17 / Section 17-48
Transportation, presents, or gratuities to Corporation
Status: in_force

Commissioners or employees prohibited - Exceptions - Penalty.

A. No person who is subject to the regulations of the

Corporation Commission, or has interests in any firm, corporation or

business which is subject to regulation by the Corporation

Commission shall furnish transportation, presents, or gratuities

other than as provided by the Rules of the Ethics Commission to any

member of the Corporation Commission or any employee thereof;

provided, however, during a period beginning one hundred twenty

(120) days prior to a primary election, through one hundred twenty

(120) days following the general election, any person may make

contributions not otherwise prohibited by the Rules of the Ethics

Commission to the cost of any current candidate's political

campaign. It shall be unlawful for any such member or employee to

knowingly accept any such transportation, presents or gratuities

from any such person, firm or association.

B. A violation of the provisions of this section shall, upon

conviction, be punishable as a misdemeanor.
Okla. Stat. tit. 17, § 17-318 — OK Code / Title 17 / Section 17-318
Licensing of storage tank professionals - Contractors
Status: in_force

required to meet training and other requirements of federal and

state laws and regulations.

A. 1. The Corporation Commission is authorized to implement a

program for the licensing of petroleum storage tank professionals.

Persons licensed by the Commission as environmental consultants must

have the training, education and experience as may be required by

the Commission. Persons seeking to become licensed may be required

to demonstrate knowledge, experience and expertise of soil and water

protection and remediation techniques and the regulation of

petroleum storage tanks.

2. The Corporation Commission shall require that all

contractors and their employees participating in the removal of

storage tanks and the corrective action or remediation of

contaminated tank sites meet all training and other requirements of

federal law and regulations, and state statutes.

B. 1. The Commission may deny, suspend, revoke, or reinstate

the license of a petroleum storage tank professional.

2. The Commission shall promulgate rules establishing the basis

for denial, suspension, revocation, or reinstatement of a petroleum

storage tank professional license, and establishing procedures for

disciplinary actions.

3. The burden of proof in all proceedings brought pursuant to

this section shall be clear and convincing evidence.

4. Proceedings relating to the suspension or revocation of a

license issued pursuant to this section are subject to the hearing,

penalty and enforcement provisions of the Oklahoma Petroleum Storage

Tank Consolidation Act.

5. A person whose license has been revoked in a proceeding

brought pursuant to this section may apply for a new license after

the expiration of a term of no less than one (1) year and no more

than five (5) years from the date of revocation, depending on the

decision of the Director of the Petroleum Storage Tank Division of

the Corporation Commission. Upon a subsequent determination of

violation of:

a. the Oklahoma Petroleum Storage Tank Consolidation Act,

b. the Oklahoma Petroleum Storage Tank Indemnity Fund, or

c. promulgated rules,

the Commission may, after notice and hearing, revoke a petroleum

storage tank professional license for a term no less than five (5)

years.

Oklahoma Statutes - Title 17. Corporation Commission Page 234
Okla. Stat. tit. 17, § 17-285 — OK Code / Title 17 / Section 17-285
Communications between utilities and customers
Status: in_force

For purposes of communicating information to a customer,

including delinquent and termination notices, the Corporation

Commission shall allow a utility to use either written or oral

communications by the utility to the customer. Oral communications

may be over the telephone or in person.
Okla. Stat. tit. 17, § 17-121 — OK Code / Title 17 / Section 17-121
Commission has power of court of record regarding refunds
Status: in_force

The Corporation Commission is hereby vested with the power of a

court of record to determine: First, the amount of refund due and

any interest owing upon such refund in all cases where any public

service corporation, person, or firm, as defined by the

Constitution, charges an amount for any service rendered by such

public service corporation, person, or firm, in excess of the lawful

rate in force at the time such charge was made, or may thereafter be

declared to be the legal rate which should have been applied to the

service rendered if no legal rate was in force at the time such

charge was made; and, second, to whom the overcharge should be paid.
Okla. Stat. tit. 17, § 17-190.5 — OK Code / Title 17 / Section 17-190.5
Study of impact of restructuring on tax revenues
Status: in_force

To ensure full evaluation and consideration of the impact of

restructuring of the electric utility industry on municipal and

state tax revenues the Legislature hereby directs the Joint Electric

Utility Task Force to study and fully assess the impact of

restructuring on state tax revenues and all other facets of the

current utility tax structure both on the state and all other

political subdivisions of the state. The task force shall direct

the Oklahoma Tax Commission to assist the task force in completion

of this study. The Oklahoma Tax Commission is hereby authorized to

retain such consultants and experts as may be necessary to complete

this study. The study shall include the feasibility of establishing

a uniform consumption tax or other method of taxation which may be

Oklahoma Statutes - Title 17. Corporation Commission Page 168

applied in a restructured industry and shall also assess means of

ensuring that tax revenues derived by municipalities will not be

adversely impacted as a result of restructuring. A final report

shall be completed by the task force no later than October 1, 1999.

During the transition period prior to full consumer choice, the

Oklahoma Tax Commission is expressly prohibited from promulgating

any rule or issuing any order relating to methods of taxation to be

applied to a restructured electric industry without prior express

authorization by the Oklahoma State Legislature or the Joint

Electric Utility Task Force.

Notwithstanding any other provisions contained in this act, a

uniform tax policy which allows all competitors to be taxed on a

fair and equal basis shall be established on or before July 1, 2002.
Okla. Stat. tit. 17, § 17-517 — OK Code / Title 17 / Section 17-517
Payment of proceeds - Times - Information accompanying
Status: in_force

payment - Violation - Jurisdiction of district court - Court costs

and fees.

A. The proceeds derived from the sale of brine, solution gas or

brine and solution gas production shall be paid to persons legally

entitled thereto, commencing no later than six (6) months after the

date of first sale, and thereafter no later than sixty (60) days

after the end of the calendar month within which proceeds are

received for subsequent production. In those instances where

proceeds are not received for disposition of brine, solution gas or

brine and solution gas production due to venting, flaring, use for

operations, nonpayment from purchasers, or any other cause, the time

periods previously specified within which any required payment shall

be paid to the persons legally entitled thereto shall be measured

from the date on which such venting, flaring, use for operations,

nonpayment or other event occurred. Provided, proceeds from the

sale of brine and solution gas from lands covered by a pending

application for unitization pursuant to this act shall be paid to

persons legally entitled thereto within six (6) months from the

entry of a final order of unitization, together with interest

thereon at the rate of six percent (6%) per annum to be compounded

annually, calculated from the date of first sale after the filing of

the application for unitization. Such payment is to be made to

persons entitled thereto by the operator of such production.

Provided, such operator may remit to the persons entitled to such

proceeds from production semiannually for the aggregate of six (6)

months' accumulation of monthly proceeds of amounts less than

Twenty-five Dollars ($25.00). Further provided, that any delay in

determining the persons legally entitled to an interest in such

proceeds from production caused by unmarketable title to such

interest shall not affect payments to persons whose title is

marketable. Provided, however, that in those instances where such

proceeds cannot be paid because the title thereto is not marketable,

the operator of such production shall cause all proceeds due such

interest to earn interest at the rate of six percent (6%) per annum

to be compounded annually, calculated from the last day of the

production month, until such time as the title to such interest has

been perfected. Marketability of title shall be determined in

accordance with the then current title examination standards of the

Oklahoma Bar Association.

B. The following information shall be included with each

payment made to a brine owner from the sale of brine:

1. Unit identification;

2. Month and year of sales included in the payment;

3. Total volume of production from the unit of brine, solution

gas and concentration of chemical substances contained therein and

volumes extracted therefrom;

Oklahoma Statutes - Title 17. Corporation Commission Page 282

4. Owner's interest, expressed as a decimal, in production from

the unit;

5. Total value of extracted chemical substances and solution

gas, including the price per unit of measurement at which the

products were sold;

6. Owner's share of the total value of sales prior to any

deductions;

7. Owner's share of the total value of sales after any

deductions; and

8. A specific detailed listing of the amount and purpose of any

deductions, including, but not limited to BTU adjustments and taxes,

from the gross proceeds due to the owner.

C. Any operator that violates this section shall be liable to

the persons legally entitled to the proceeds from production for the

unpaid amount of such proceeds with interest thereon at the rate of

twelve percent (12%) per annum to be compounded annually, calculated

from the last day of the production month.

D. The district court for the county in which the unit is

located shall have jurisdiction over all proceedings brought

pursuant to this section. The prevailing party in any proceeding

brought pursuant to this section shall be entitled to recover any

court costs and reasonable expert witness and attorney's fees.
Okla. Stat. tit. 17, § 17-158.58 — OK Code / Title 17 / Section 17-158.58
Violations - Injunctions - Transmitting evidence -
Status: in_force

Criminal proceedings.

Whenever it shall appear to the Corporation Commission, the

Attorney General or a rural electric cooperative which reasonably

believes itself to be the object of an 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 rural electric cooperative 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 or temporary or

permanent injunction shall be granted without bond. The Commission,

the Attorney General and the rural electric cooperative 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, § 17-311 — OK Code / Title 17 / Section 17-311
Fines - Criminal violations
Status: in_force

A. Any person who has been determined by the Corporation

Commission to have violated any provisions of the Oklahoma Petroleum

Storage Tank Consolidation Act or any rule promulgated or order

issued pursuant to the provisions of the Oklahoma Petroleum Storage

Tank Consolidation Act shall be liable for a fine of not more than

Ten Thousand Dollars ($10,000.00) for each day that said violation

continues.

B. 1. The amount of the fine shall be assessed by the

Commission pursuant to the provisions of subsection A of this

section, after notice and hearing. In determining the amount of the

fine, the Commission shall include but not be limited to

consideration of the nature, circumstances and gravity of the

violation and, with respect to the person found to have committed

the violation, the degree of culpability, the effect on ability of

the person to continue to do business, and any show of good faith in

attempting to achieve compliance with the provisions of the Oklahoma

Petroleum Storage Tank Consolidation Act.

Oklahoma Statutes - Title 17. Corporation Commission Page 229

2. All fines collected pursuant to the provisions of this

subsection shall be deposited in the Corporation Commission Storage

Tank Revolving Fund.

C. The payment, in full, of any fine, assessed pursuant to an

administrative order, the completion of any corrective action taken

for a release pursuant to an administrative order, and the otherwise

compliance with an administrative order issued by the Commission

pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act

for a release shall be full and complete satisfaction of the

violation for which the administrative order was issued and shall

preclude the assessment of any other administrative, civil or

criminal penalty for the same known violation by any other agency of

this state.

D. Any person who willfully and knowingly violates any

provision of the Oklahoma Petroleum Storage Tank Consolidation Act

or a rule, promulgated or order issued pursuant to the provisions of

the Oklahoma Petroleum Storage Tank Consolidation Act, upon

conviction, shall be guilty of a misdemeanor and may be subject for

each offense to a fine of not more than Five Thousand Dollars

($5,000.00) or imprisonment for a term not to exceed one (1) year or

both such fine and imprisonment. Each day of violation pursuant to

this subsection shall constitute a separate violation.

E. Any person who willfully and knowingly makes any false

statement, representation or certification in any application,

record, report, plan or other document filed or required to be

filed, or required to be maintained pursuant to the Oklahoma

Petroleum Storage Tank Consolidation Act or rules promulgated

pursuant to this act, or who falsifies, tampers with or knowingly

renders inaccurate any monitoring device or method required to be

maintained pursuant to the Oklahoma Petroleum Storage Tank

Consolidation Act or rules promulgated pursuant to the program shall

be deemed guilty of a misdemeanor and, upon conviction, may be

punished by a fine of not more than Five Thousand Dollars

($5,000.00) or by imprisonment for not more than six (6) months, or

by both such fine and imprisonment. Each day of violation pursuant

to this subsection shall constitute a separate violation.
Okla. Stat. tit. 17, § 17-506 — OK Code / Title 17 / Section 17-506
Commission's findings - Evidence required - Orders
Status: in_force

A. If, after proper application and notice, the Commission in

its hearing shall find by substantial evidence that:

1. There exists a common source of supply or prospective common

source of supply for brine;

2. Unitized management, operation and further development of

the common source of supply for brine is reasonably necessary in

order to effectively develop the brine common source of supply;

3. Unitized operation as applied to such common source of

supply is feasible and will prevent waste and, with reasonable

probability, will result in greater ultimate recovery of brine and

its constituent parts;

Oklahoma Statutes - Title 17. Corporation Commission Page 275

4. Such unitization is for the common good and will result in

the general advantage of the owners of the brine rights within the

common source of supply; and

5. The creation of a unit will accomplish one or more of the

following:

a. avoid the drilling of unnecessary wells,

b. prevent waste,

c. protect correlative rights, or

d. increase the ultimate recovery from the common source

of supply and unit covered by the application,

the Commission shall make a finding to that effect and enter an

order creating the unit, and requiring unitized operation of the

prospective common source of supply or portion thereof described in

the order.

B. If the Commission in its hearing shall find by substantial

evidence that:

1. Solution gas exists within the common source of supply or

prospective common source of supply;

2. The production of brine is impossible or impractical

without also producing the solution gas; and

3. The unitization of the brine common source of supply is

impractical or impossible without also unitizing the associated

solution gas,

the Commission shall make a finding to that effect and shall further

provide in its order for the unitization of the solution gas within

the unit area.

C. Orders of the Commission entered pursuant to Section 87.1 of

Title 52 of the Oklahoma Statutes establishing drilling and spacing

units for the production of oil, gas or oil and gas shall not be

applicable to the drilling of wells and production of solution gas

from a unit established by an order issued pursuant to this act.
Okla. Stat. tit. 17, § 17-161.1 — OK Code / Title 17 / Section 17-161.1
Restrictions on charges for reselling electric current
Status: in_force

or natural gas.

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 electric current or natural gas

from a municipality and who resells such electric current or natural

gas to any residential lessee of any interest in such real property

for the purpose of heat, light or power shall charge such lessee any

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

for each billing cycle of the electricity or natural gas purchased

by the reseller from the supplier. Provided the provisions of this

section shall not apply to the resell of electric current or natural

gas pursuant to a commercial lease.

Oklahoma Statutes - Title 17. Corporation Commission Page 143

B. The reseller shall separately disclose in its electric or

gas bills to the lessee the per unit cost of its purchased power 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

act, upon conviction by a district court, shall be guilty of a

misdemeanor. In addition to the punishment prescribed by this

subsection, said 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, § 17-325 — OK Code / Title 17 / Section 17-325
Annual reports
Status: in_force

A. The Director of the Petroleum Storage Tank Division shall

make a written report on an annual basis to the Corporation

Commissioners, the Storage Tank Advisory Council, the Speaker of the

House of Representatives and the President Pro Tempore of the Senate

detailing the following:

Oklahoma Statutes - Title 17. Corporation Commission Page 240

1. The total number of storage tank applicants requesting

disbursement from the Indemnity Fund during the preceding year;

2. The total number of storage tank applicants receiving

payment during the preceding year and total amount disbursed for

such payments;

3. The average time frame for providing disbursements to

applicants;

4. The total amount of funds needed to complete the corrective

action and achieve closure of all release cases; and

5. Any other information requested by the Speaker of the House

of Representatives or the President Pro Tempore of the Senate

regarding the Indemnity Fund program.

B. The Oklahoma Tax Commission shall submit an annual report to

the Speaker of the House of Representatives and the President Pro

Tempore of the Senate detailing the amount of assessments collected

for deposit to the Indemnity Fund and to the State Transportation

Fund.

C. The Oklahoma Department of Transportation shall submit an

annual report to the Speaker of the House of Representatives and the

President Pro Tempore of the Senate detailing the expenditures made

from the revenue received from the assessment levied pursuant to

Section 327.1 of this title.

D. The Oklahoma Department of Environmental Quality shall

submit an annual report to the Speaker of the House of

Representatives and the President Pro Tempore of the Senate

detailing the expenditures made from the revenue received from the

assessment levied pursuant to Section 327.1 of this title.

E. By December 1, 1998, and every year thereafter, the State

Auditor and Inspector shall conduct an independent audit of the

books, records, files and other such documents of the Corporation

Commission pertaining to and which relate to the administration of

the Petroleum Storage Tank Indemnity Fund. The audit shall include

but shall not be limited to a review of agency compliance with state

statutes regarding the Indemnity Fund, internal control procedures,

adequacy of claim process expenditures from and debits of the

Indemnity Fund regarding administration, personnel, operating and

other expenses charged by the Corporation Commission; the duties

performed in detail by agency personnel and Indemnity Fund personnel

for which payment is made from the Indemnity Fund, and

recommendations for improving claim processing, equipment needed for

claim processing, internal control or structure for administering

the Indemnity Fund; and such other areas deemed necessary by the

State Auditor and Inspector.

F. The cost of the audit shall be borne by the Indemnity Fund.

G. Copies of the audit shall be submitted to the State Auditor

and Inspector, the Governor, the Speaker of the House of

Representatives, the President Pro Tempore of the Senate and the

Oklahoma Statutes - Title 17. Corporation Commission Page 241

Chairs of the Appropriation Committees of both the Oklahoma House of

Representatives and the Oklahoma State Senate.
Okla. Stat. tit. 17, § 17-139.303 — OK Code / Title 17 / Section 17-139.303
Legislative findings — Permissible use
Status: in_force

The Oklahoma Legislature finds that Electric Providers, their

broadband subsidiaries, Telecommunications Providers and Approved

Broadband Providers shall be permitted to use existing electric

utility easements owned, held or otherwise used by that Electric

Provider to provide or expand access to Broadband Services. The

installation and operation of Broadband Services within the existing

electric utility easements are merely changes in the manner or

degree of the granted use as appropriate to accommodate a new

technology and, absent any applicable express prohibition contained

in the instrument conveying or granting such easements, shall be

deemed as a matter of law to be a permitted use within the scope of

every Electric Provider's existing electric utility easement.

Subject to compliance with any express prohibitions in an Electric

Provider's easement, and in compliance with this act, the Electric

Provider, its broadband subsidiary, Telecommunications Provider and

an Approved Broadband Provider may use an existing electric utility

easement to install, maintain, lease and operate Broadband Services.

An Approved Broadband Provider, an Electric Provider's broadband

subsidiary, or Telecommunications Provider shall attempt to provide

notice to the property owner.
Okla. Stat. tit. 17, § 17-116.2 — OK Code / Title 17 / Section 17-116.2
Railroad company motor vehicles used to transport workers - Safe condition and
Status: in_force

Oklahoma Statutes - Title 17. Corporation Commission Page 2workers - Safe condition and operation.

Every motor vehicle provided by a railroad company and used to

transport one or more workers to and from their places of employment

or during the course of their employment shall be maintained in a

safe condition and operated in a safe manner at all times, whether

or not used upon a public highway.
Okla. Stat. tit. 17, § 17-801.2 — OK Code / Title 17 / Section 17-801.2
Legislative intent
Status: in_force

It is the goal of the State of Oklahoma to reduce the dependence

of Oklahoma and the United States on foreign oil, to improve the

security of the United States in the world and to improve the

economic well-being of the citizens of Oklahoma. The Legislature

hereby expresses its intent to take steps to increase the energy

independence of the United States by increasing the use of domestic

energy and renewable energy sources in Oklahoma, expand development

of domestic energy and renewable energy production and increase the

ability to export Oklahoma’s domestic energy and renewable energy

resources to the rest of the United States.
Okla. Stat. tit. 17, § 17-159.20 — OK Code / Title 17 / Section 17-159.20
Petition for service
Status: in_force

Upon the petition of any person not served by an existing

transportation line or by a transportation line for which a

certificate has been issued, 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 holding

certificates nearest to those requesting service and to the

municipal officers of all municipalities served or to be served by

such water transportation companies, and by publication once a week

for two (2) consecutive weeks in a newspaper or newspapers of

general circulation in the county or counties in which the line is

proposed to be constructed. If at such hearing the Commission finds

from competent evidence that the public convenience and necessity

Oklahoma Statutes - Title 17. Corporation Commission Page 120

require the furnishing of water transportation service to the

petitioners, it shall have the further power to order and direct the

person holding a certificate who can most economically extend its

service so as to furnish efficient water transportation service to

the petitioners to so extend its line. It shall not make an order

so requiring unless it finds, from substantial evidence, that the

person so ordered to serve is earning a fair return on the fair

value of its water transportation line and the rendition of service

to the petitioners will not prevent the person so ordered to serve

from earning a fair return on the fair value of its water

transportation line.
Okla. Stat. tit. 17, § 17-15 — OK Code / Title 17 / Section 17-15
Penalty for refusing examination of books in violation of
Status: in_force

Constitution, Article II, Section 28.

If any officer of any corporation in violation of Article 2,

Section 28 of the Constitution of the State of Oklahoma shall refuse

to permit any person authorized by the state, to examine its papers,

books and files, such officer or other person so refusing shall be

deemed guilty of a misdemeanor, and upon conviction thereof, shall

be punished by a fine of not less than Twenty-Five Dollars ($25.00),

nor more than Five Hundred Dollars ($500.00), and by imprisonment in

the county jail for not less than thirty (30) days nor more than one

(1) year; and each day such officer or other person shall fail or

refuse to permit such investigation or examination shall constitute

a separate offense.
Okla. Stat. tit. 17, § 17-53.2 — OK Code / Title 17 / Section 17-53.2
Removal of operating equipment, production and storage
Status: in_force

structures, supplies and equipment, surface debris, abutment or

obstacle - Filling of certain pits - Grading or terracing certain

disturbed land - Release - Extension of time.

A. The Corporation Commission shall prescribe and promulgate

rules and regulations which require the lease operator to remove all

unnecessary operating equipment, structures, surface debris,

abutment or obstacles used in the operation of the well from the

land upon which the well is located, and shall grade or terrace the

surface of the soil as required in this section unless the owner of

the land and the lease operator have entered into a contract

providing otherwise. Provided, however, the provisions of this

section shall not apply to Osage County.

B. Within twelve (12) months after the completion of a

producing well, the operator shall fill all the pits for containing

muds, cuttings, salt water or oil that are not needed for production

purposes or are not required by state or federal law or regulation

and shall remove all concrete bases, drilling supplies and drilling

equipment and all other equipment not necessary for producing said

well, excluding guy line anchors. Within such period, the operator

shall grade or terrace the land surface within the area disturbed in

siting, drilling, completing and producing the well which land is

not required in production of the well.

C. Within twelve (12) months after a well that has produced oil

or gas is plugged or after the plugging of a dry hole, the operator

shall remove all production and storage structures, supplies and

equipment and any oil, salt water and debris and fill any remaining

excavations. Within such period, the operator shall grade or

terrace the area disturbed.

Oklahoma Statutes - Title 17. Corporation Commission Page 33

D. The operator shall be released from responsibility to

perform any or all requirements of this section on any part or all

of the area disturbed upon the filing of a request for a waiver with

and obtaining the written approval of the Commission, which request

shall be signed by the surface owner to certify the approval of the

surface owner of the release sought. The Commission shall approve

such requests unless it finds upon inspection that the waiver would

be likely to result in substantial damage to adjoining property,

substantial contamination of surface or underground water or

substantial erosion or sedimentation. If the Commission refuses to

approve a request for waiver, it shall do so by order.

E. This act shall also apply to the operators of a secondary or

enhanced oil recovery unit that is or has been operated under a plan

of unitization approved by order of the Oklahoma Corporation

Commission and established by a proper certificate of effectiveness.

Nothing herein contained shall be construed to repeal the statutes

governing the establishment and operation of such secondary or

enhanced recovery unit.

F. The Commission may, upon written application by an operator

showing reasonable cause, extend the period within which restoration

shall be completed, but not to exceed a further six-month period,

except under extraordinarily adverse weather conditions or when

essential equipment, fuel or labor is unavailable to the operator.

If the Commission refuses to approve a request for waiver or

extension, it shall do so by order.

G. The provisions of this section shall also apply to the

drilling of or conversion to a saltwater disposal or injection well

and to any operation in connection with reentering or reworking any

oil and gas well or saltwater injection or disposal well.equipment, surface debris, abutment or obstacle - Filling of certain pits - Grading or terracing
Okla. Stat. tit. 17, § 17-139.201 — OK Code / Title 17 / Section 17-139.201
Renumbered as § 9200 of Title 74 by Laws 2022, c. 229,
Status: in_force

§ 12, emerg. eff. May 6, 2022.
Okla. Stat. tit. 17, § 17-312 — OK Code / Title 17 / Section 17-312
Enforcement of actions and remedies - Action for equitable
Status: in_force

relief - Jurisdiction - Relief.

A. Enforcement of any action for an injunction or recovery of

any administrative fine or civil penalty assessed pursuant to the

Oklahoma Petroleum Storage Tank Consolidation Act, Section 301 et

seq. of this title, or rule promulgated thereto may be brought by:

Oklahoma Statutes - Title 17. Corporation Commission Page 230

1. The district attorney of the appropriate district court of

the State of Oklahoma;

2. The Attorney General on behalf of the State of Oklahoma in

the appropriate district court of the State of Oklahoma; or

3. The Petroleum Storage Tank Division of the Corporation

Commission on behalf of the State of Oklahoma before an

administrative law judge of the Commission, or as otherwise

authorized by law.

B. The Division may bring an action before an administrative

law judge of the Commission, or in a court of competent jurisdiction

for equitable relief to redress or restrain a violation by any

person of a provision of the Oklahoma Petroleum Storage Tank

Consolidation Act or any rule promulgated or order issued pursuant

to the act. The administrative law judge or court has jurisdiction

to determine the action, and to grant the necessary or appropriate

relief, including but not limited to:

1. Enjoining further releases;

2. Ordering the design, construction, installation or operation

of alternate facilities;

3. Ordering the removal of facilities, contaminated soils and

the restoration of the environment;

4. Fixing and ordering compensation for any public or private

property destroyed, damaged or injured;

5. Except as otherwise provided by law, assessing and awarding

punitive damages pursuant to the Oklahoma Petroleum Storage Tank

Consolidation Act; and

6. Ordering reimbursement to any agency of federal, state or

local government from any person whose acts caused governmental

expenditures if not already reimbursed by any other state or federal

reimbursement program.

C. All judgments or fines assessed against any corporation,

person or firm for the violation of any order or regulation shall be

a first lien on all property of such corporation, person or firm

within the state, and it shall be the duty of the Corporation

Commission, if such judgment or fine is not paid within thirty (30)

days after the rendition of such judgment or fine, to issue an

execution, directed to the Marshal of the Corporation Commission,

commanding him or her to seize sufficient property of such

corporation, person or firm to satisfy the fine or judgment. It

shall be the duty of the Marshal to sell or dispose of properties

levied on by reason of an execution issued by the Commission, in

like manner as now required by sheriffs of this state, for the sale

of the property levied on by virtue of an execution issued on a

judgment of a district court.
Okla. Stat. tit. 17, § 17-820.2 — OK Code / Title 17 / Section 17-820.2
Application of act
Status: in_force

The Commercial Solar Facility Decommissioning Act shall apply

only to a solar power facility that is a generation asset as defined

in Section 2 of this act.
Okla. Stat. tit. 17, § 17-39.2 — OK Code / Title 17 / Section 17-39.2
Remittances of taxes and fees – Service charges -
Status: in_force

Receipts - Deposit of money.

A. All remittances of taxes and fees required to be paid to the

Corporation Commission pursuant to state law, shall be made to the

Commission by bank draft, check, cashier’s check, money order, cash,

or nationally recognized credit card or debit card. If payment is

made by credit or debit card, the Commission may add an amount equal

to the amount of the service charge incurred by the Commission, not

to exceed four percent (4%) of the amount of the payment, as a

convenience fee for the acceptance of the credit or debit card. For

purposes of this subsection “nationally recognized credit or debit

card” means any instrument or device, whether known as a credit

card, credit plate, charge plate, debit card, or by any other name

issued with or without fee by an issuer for the use of the

cardholder in obtaining goods, service, or anything of value on

credit which is accepted by over one thousand merchants in this

state. The Commission shall promulgate rules to allow for the

implementation of payment of taxes and fees by credit or debit card.

Oklahoma Statutes - Title 17. Corporation Commission Page 20

B. All remittances by bank draft, check, cashier's check, or

money order, collected pursuant to any law, Commission rule, or

order, shall be made payable to the Corporation Commission. The

Commission shall issue its receipt, for cash or money payment to the

remitter. No remittance other than cash shall be in full discharge

of liability due the Corporation Commission unless and until it

shall have been paid in cash. All money collected, including

service or convenience fees, shall be deposited with the State

Treasurer of this state.

C. There shall be assessed, in addition to any other penalties

provided for by law, an administrative service fee of Twenty Dollars

($20.00) on each check returned to the Corporation Commission or any

agent by reason of the refusal of the bank upon which the check was

drawn to honor the same.

D. Upon the return of any check by reason of the refusal of the

bank upon which the check was drawn to honor the same, the

Corporation Commission may file a bogus check complaint with the

appropriate district attorney who shall refer the complaint to the

Bogus Check Restitution Program established by Section 111 of Title

22 of the Oklahoma Statutes. Funds collected by the program, after

collection of the fee authorized by Section 114 of Title 22 of the

Oklahoma Statutes, shall be transmitted to the Corporation

Commission and credited to the liability for which the returned

check was drawn and to the administrative service fee provided by

this section.
Okla. Stat. tit. 17, § 17-71 — OK Code / Title 17 / Section 17-71
Passenger rate regulation - Power conferred upon
Status: in_force

commission.

Oklahoma Statutes - Title 17. Corporation Commission Page 36

The Corporation Commission shall have the power and authority to

prescribe and enforce against any railroad or transportation

company, operated in whole or in part within this state, such rates

and charges for the transportation of passengers between points

within this state as may be found to be reasonable and just after

due notice and hearing, as now provided by the Constitution for

prescribing freight rates and regulations.
Okla. Stat. tit. 17, § 17-513 — OK Code / Title 17 / Section 17-513
Participation in plans by state and local land management
Status: in_force

boards.

The Commissioners of the Land Office, or other proper board or

officers of the state having control and management of state lands,

and the proper board or officer of any political, municipal or other

subdivision or agency of the state, are hereby authorized on behalf

of the state or of such political, municipal or other subdivision or

agency hereof, to act with respect to land or brine rights subject

to the control and management of such respective body, board or

officer, to participate in any plan or program of unitization

approved pursuant to this act.
Okla. Stat. tit. 17, § 17-254 — OK Code / Title 17 / Section 17-254
Disclosure in customer bills
Status: in_force

Each public utility subject to a fuel adjustment clause shall

separately disclose in its customer bills the per unit cost of its

fuel, purchased power or purchased gas adjustment. Upon request by

any individual consumer, such utility shall also disclose for the

month for which the request is received:

1. The actual amount of the adjustment in dollars and cents;

and

2. The per unit rate and amount thereof in dollars and cents of

fuel, purchased power or purchased gas included in its basic rate.
Okla. Stat. tit. 17, § 17-261 — OK Code / Title 17 / Section 17-261
Preexisting purchased power adjustment clauses
Status: in_force

Any purchased power adjustment clause approved and in effect for

any electric distribution cooperative immediately prior to the

effective date of this act shall remain in effect in its present

form and method of operation until procedures conforming to the

requirements of this act have been approved, established and placed

into effect by the Commission. The Commission shall approve,

establish and place into effect such procedures after notice and

opportunity for a public hearing no later than November 1, 1977.
Okla. Stat. tit. 17, § 17-159.23 — OK Code / Title 17 / Section 17-159.23
Restriction on owning or holding water rights
Status: in_force

No holder of a certificate hereunder shall own or hold water

rights or apply to the Oklahoma Water Resources Board therefor and

any such right is void.
Okla. Stat. tit. 17, § 17-153 — OK Code / Title 17 / Section 17-153
Implied and incidental powers of Commission - Contempt
Status: in_force

In addition to the powers enumerated, specified, mentioned or

indicated in this act, the Commission shall have all additional

implied and incidental powers which may be proper and necessary to

carry out, perform and execute all powers herein enumerated,

specified, mentioned, or indicated, and to punish as for contempt

such corporation, association, company or individual, their

trustees, lessees, receivers, successors and assigns, for the

disobedience of its orders in the manner provided for punishment of

Oklahoma Statutes - Title 17. Corporation Commission Page 87

transportation and transmission companies, by the Constitution and

laws of this state.
Okla. Stat. tit. 17, § 17-710.5 — OK Code / Title 17 / Section 17-710.5
Electric utilities – Usage data
Status: in_force

A. Upon request, electric utilities shall provide the customer

with a copy of or access to the standard usage data for that

customer. The provision of standard usage data to a customer shall

be provided as a component of basic service provided by an electric

utility.

B. Upon written request, electric utilities shall, to the

extent feasible, provide the nonstandard usage data of the customer

to the customer. Electric utilities may charge a reasonable fee for

the provision of nonstandard usage data to cover the actual costs

incurred in providing the data.
Okla. Stat. tit. 17, § 17-503 — OK Code / Title 17 / Section 17-503
Corporation Commission - Jurisdiction - Rules and
Status: in_force

regulations - Exceptions.

A. The Corporation Commission is hereby vested with

jurisdiction over:

1. The drilling for and production of brine for commercial

purposes;

2. Class V injection wells used for the injection or disposal

of mineral brines as defined in the federal Safe Drinking Water Act

and 40 CFR Part 146; and

3. Class V wells used to inject spent brine into the same

formation from which it was withdrawn after extraction of halogens

or their salts as defined in 40 CFR Part 146.

B. The Commission may promulgate such rules:

1. As are reasonably necessary to effectuate the purposes of

this act, including rules governing the drilling of production,

injection or disposal wells and the injection of effluent into

underground formations; and

2. To ensure that the drilling, casing and plugging of wells is

done in such a manner as to prevent the escape of brine and effluent

from one formation to another and to prevent the pollution of fresh

water supplies throughout the state.

C. The Oklahoma Brine Development Act shall not apply to nor

shall the Corporation Commission have jurisdiction over Class I,

III, IV or V wells regulated by the Department of Environmental

Quality pursuant to the federal Safe Drinking Water Act and 40 CFR

Parts 144 through 148, inclusive, and the Oklahoma Environmental

Quality Act.
Okla. Stat. tit. 17, § 17-139.107 — OK Code / Title 17 / Section 17-139.107
Administration of funds
Status: in_force

A. The Oklahoma Lifeline Fund (OLF) and the Oklahoma Universal

Service Fund (OUSF) shall be funded in a competitively neutral

manner not inconsistent with federal law by all contributing

Oklahoma Statutes - Title 17. Corporation Commission Page 70

providers. The funding from each contributing provider shall be

based on the total intrastate retail Oklahoma Voice over Internet

Protocol (VoIP) revenues and intrastate telecommunications revenues,

from both regulated and unregulated services, of the contributing

provider, hereinafter referred to as assessed revenues, as a

percentage of all assessed revenues of the contributing providers,

or such other assessment methodology not inconsistent with federal

law. VoIP services shall be assessed only as provided for in the

decision of the Federal Communications Commission, FCC 10-185,

released November 5, 2010, or such other assessment methodology that

is not inconsistent with federal law. The Commission may after

notice and hearing modify the contribution methodology for the OUSF

and OLF, provided the new methodology is not inconsistent with

federal law.

B. The Corporation Commission shall establish the OLF

assessment and the OUSF assessment at a level sufficient to recover

costs of administration and payments for OUSF and OLF requests for

funding as provided for in the Oklahoma Telecommunications Act of

1997. The administration of the OLF and OUSF shall be provided by

the Public Utility Division of the Commission. The administrative

function shall be headed by the Administrator as defined in Section

139.102 of this title. The Administrator shall be an independent

evaluator. The Administrator may enter into contracts to assist

with the administration of the OLF and OUSF.

C. If the Commission determines after notice and hearing that a

contributing provider has acted in violation of this section, in

addition to the other enforcement powers of the Commission,

including its contempt powers and authority to revoke a

telecommunications service provider's certificate of convenience and

necessity, the Commission may bring an action on behalf of the OLF

or the OUSF, in a court of competent jurisdiction that the

Commission deems appropriate, to recover any unpaid fees and

assessments the Commission has determined are due and payable,

including interest, administrative and adjudicative costs, and

attorney fees. Upon collection of the assessments, fees and costs,

the Administrator shall pay the costs of the actions and deposit the

remaining funds in the OLF or the OUSF as appropriate.

D. The monies deposited in the OLF, the OUSF and the Oklahoma

High Cost Fund shall at no time become monies of the state and shall

not become part of the general budget of the Corporation Commission

or any other state agency. Except as otherwise authorized by the

Oklahoma Telecommunications Act of 1997, no monies from the OLF, the

OUSF, or the Oklahoma High Cost Fund shall be transferred for any

purpose to any other state agency or any account of the Corporation

Commission or be used for the purpose of contracting with any other

state agency or reimbursing any other state agency for any expense.

Payments from the OLF, the OUSF, and the Oklahoma High Cost Fund

Oklahoma Statutes - Title 17. Corporation Commission Page 71

shall not become or be construed to be an obligation of this state.

No claims for reimbursement from the OLF, the OUSF or the Oklahoma

High Cost Fund shall be paid with state monies.
Okla. Stat. tit. 17, § 17-116.7 — OK Code / Title 17 / Section 17-116.7
Orders of commission
Status: in_force

Whenever the Commission finds that a motor vehicle used to

transport workers to and from their places of employment or during

the course of their employment violates any provision of the rules

and regulations or any amendment thereto, the Commission shall make,

enter and serve upon the owner of the motor vehicle such order as

may be necessary to protect the safety of workers transported in the

motor vehicle. The Commission may direct in the order, as a

condition to the continued use of the motor vehicle for transporting

Oklahoma Statutes - Title 17. Corporation Commission Page 41

workers to and from their places of employment or during the course

of their employment, that such additions, repairs, improvements or

changes be made and such safety devices and safeguards be furnished

and used as are reasonably required to satisfy the requirements of

the rules and regulations, in the manner and within the time

specified in the order. The order may also require that any driver

of the motor vehicle satisfy the minimum standards for a driver

under the rules and regulations.
Okla. Stat. tit. 17, § 17-348.5 — OK Code / Title 17 / Section 17-348.5
Authority to promulgate rules
Status: in_force

The Oklahoma Corporation Commission shall have the authority to

promulgate such rules and regulations as are necessary to promptly

and effectively enforce the provisions of Sections 348 through 348.9

of this title.
Okla. Stat. tit. 17, § 17-304.1 — OK Code / Title 17 / Section 17-304.1
Exemption from certain aboveground tank requirements -
Status: in_force

Promulgation of new rules.

A. All aboveground storage tanks utilized by marinas which are

required to be upgraded before July 15, 2007, pursuant to the

provisions of permanent Rule OAC 165:26-8-2 and required to meet

certain design requirements pursuant to the provisions of permanent

Rule OAC 165:26-2-1.3, shall be exempt from such requirements until

the Corporation Commission promulgates new rules if the marina is

using an underground storage tank with secondary containment, the

risk to the environment and human health, safety, and welfare is

minimal, and compliance with the upgrade requirements would result

Oklahoma Statutes - Title 17. Corporation Commission Page 214

in closure of the storage tank system or cause economic hardship to

the owner of the storage tank system. Marina owners or operators in

this state operating a motor fuel dispensing facility shall not be

required to have an attendant or supervisor on duty to supervise,

observe or control the dispensing of fuel.

B. All aboveground storage tanks utilized by retail facilities

which are required to meet Underwriters Laboratories (UL) or

American Petroleum Institute (API) standards for aboveground fuel

storage tanks pursuant to the provisions of permanent Rule OAC

165:26-10-2 and are required to meet certain design requirements

pursuant to the provisions of permanent Rule OAC 165:26-2-1.3 shall

be exempt from such requirements until the Corporation Commission

promulgates new rules, if the retail facility is using an

underground storage tank with secondary containment, the risk to the

environment and human health, safety and welfare is minimal, and

compliance with the tank requirements would result in closure of the

storage tank system or cause economic hardship to the owner of the

storage tank system.

C. All aboveground storage tanks utilized by fleet and

commercial facilities which are required to meet Underwriters

Laboratories (UL) or American Petroleum Institute (API) standards

for aboveground fuel storage tanks pursuant to the provisions of

permanent Rule OAC 165:26-12-2 and are required to meet certain

design requirements pursuant to the provisions of permanent Rule OAC

165:26-2-1.3 shall be exempt from such requirements until the

Corporation Commission promulgates new rules, if the fleet or

commercial facility is using an underground storage tank with

secondary containment, the risk to the environment and human health,

safety and welfare is minimal, and compliance with the tank

requirements would result in closure of the storage tank system or

cause economic hardship to the owner of the storage tank system.

D. Any rules promulgated by the Corporation Commission

governing the design and labeling of aboveground storage tanks shall

be amended to allow storage tanks designed and built for underground

use to be used as aboveground storage tanks if used with secondary

containment and if the storage tanks were installed for that use

prior to July 1, 2007. Any rules promulgated by the Commission

shall not be more stringent than any Environmental Protection Agency

standards or regulations relating to aboveground storage tank

design.
Okla. Stat. tit. 17, § 17-186 — OK Code / Title 17 / Section 17-186
Validation of securities or liens when certificate not
Status: in_force

obtained.

Securities issued or liens created by any public utility, for

the issuance or creation of which a certificate should have been,

but through excusable neglect or mistake was not, applied for, may

be validated by the Commission upon application of such public

utility, signed and verified by the president or vice-president and

setting forth the information required by Section 5, and in addition

thereto a concise statement of the reasons why such application was

Oklahoma Statutes - Title 17. Corporation Commission Page 160

not made at the time such securities were issued or lien created. If

the Commission shall find and determine that such failure to make

application was due to excusable neglect or mistake, and was not

occasioned by any design to evade compliance with the law, and that

such issue or creation was otherwise in accordance with law, the

Commission shall issue to the corporation a validating certificate.
Okla. Stat. tit. 17, § 17-160.2 — OK Code / Title 17 / Section 17-160.2
Existing trusts to submit certain information - Rate
Status: in_force

orders.

All existing trusts subject to this act shall submit

information, within ninety (90) days after the effective date of

this act, showing the rate being charged, along with a complete

financial statement, including the names of all trustees, officers,

employees and beneficiaries.

The Commission shall determine the reasonableness of such rates,

in line with the criteria used in nontrust utilities, and enter

appropriate orders by December 31, 1975, to establish the rates that

shall be charged by trusts, authorities, companies, persons and

entities covered by the provisions of this act.
Okla. Stat. tit. 17, § 17-801 — OK Code / Title 17 / Section 17-801
Legislative intent - Use of cedar trees and residue as
Status: in_force

renewable energy source.

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

Oklahoma to promote the use of cedar tree wood products and residue

as an energy source in the state in order to take advantage of the

abundance of cedar trees growing in the state and its natural

compatibility with other renewable energy sources.

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

promote use of cedar tree wood products and residue as a renewable

energy fuel.
Okla. Stat. tit. 17, § 17-185 — OK Code / Title 17 / Section 17-185
Application - Filing - Examination - Issuance of
Status: in_force

certificate.

(1) Any public utility desiring to issue securities, or to

create liens to secure evidences of indebtedness, shall file with

the Commission an application verified by its president or vice-

president, (or by the signers of its articles of organization if it

has not yet elected officers), setting forth: (1) The amount and

character of the proposed securities or liens; (2) the general

purposes for which they are to be issued or created, including a

description and statement of the value of any property or services

that are to be received in full or partial payment for the

securities or in a proper case the evidences of indebtedness to be

secured by the lien or liens, and of any property or services

already received by the public utility, the cost of which is to be

reimbursed to the public utility by the proceeds of such securities

or evidences of indebtedness; and (4) a balance sheet of the public

utility as of the most recent available date.

(2) The Commission shall examine all applications filed with it

pursuant to this act, and if the proposed issue of securities or

creation of lien or liens complies with the provisions of this act,

it shall issue to the public utility a certificate of authority

permitting such issue or creation.
Okla. Stat. tit. 17, § 17-137 — OK Code / Title 17 / Section 17-137
Rates - Telephone companies not subject to local exchange
Status: in_force

rate regulation.

A. Except as otherwise hereafter provided, any proceeding under

Section 136 of this title and in any other proceeding to regulate

the rates of a telephone utility subject to the jurisdiction of the

Corporation Commission, said Commission shall prescribe and enforce

rates to provide a fair return on the fair value of the property

devoted to public service in this state.

B. Telephone companies which serve less than fifteen thousand

(15,000) subscribers within the state and telephone cooperatives

shall not be subject to local exchange rate regulation by the

Corporation Commission unless:

1. The company elects by action of its board of directors to be

subject to such local exchange rate regulation by the Commission;

2. The proposed local exchange rate increase exceeds Two

Dollars ($2.00) per access line per month in any one (1) year;

3. Fifteen percent (15%) of the subscribers petition the

Commission to regulate local exchange rates pursuant to subsections,

D, E and F of this section; or

Oklahoma Statutes - Title 17. Corporation Commission Page 46

4. The Commission declares that the company shall be subject to

local exchange rate regulation by the Commission pursuant to

subsection G of this section.

C. Each telephone company, which serves more than five percent

(5%) but less than fifteen percent (15%) of the subscribers of

telephone service within the state, that increases its local

exchange rates in accordance with this section shall invest an

amount equivalent to the annual revenues produced from such rate

increase to upgrade its facilities used for the provision of

services to subscribers served within the exchange from which

revenues from such rate increase are generated.

D. Each such telephone company not subject to local exchange

rate regulations, at least sixty (60) days before the effective date

of any proposed rate change, shall notify the Commission and each of

the subscribers of such company of the proposed local exchange rate

change. Notice to the Commission shall include a list of the

published subscribers of such company. Notice by the company to all

subscribers shall:

1. Be in a form prescribed by the Commission;

2. Be by regular mail and may be included in regular subscriber

billings; and

3. Include a schedule of the proposed local exchange rates, the

effective date of the said rates, and the procedure necessary for

the subscribers to petition the Commission to examine and determine

the reasonableness of the proposed rates. If the telephone

directory published by the company for its subscribers sets forth

the procedure for petitioning the Commission, a reference to the

location in the directory shall be adequate notice of the procedure.

E. The subscribers of a telephone company not subject to the

Commission's local exchange rate regulation may petition the

Commission to examine and determine the reasonableness of the local

exchange rate change proposed by the company pursuant to subsection

C of this section. The Commission shall adopt and promulgate rules

and regulations governing the form of such petitions. A petition

substantially in compliance with such rules and regulations shall

not be deemed invalid due to minor errors in its form.

F. If, by the effective date of the proposed local exchange

rate change, the Commission has received petitions from fewer than

fifteen percent (15%) of the subscribers requesting that the

Commission examine the proposed local exchange rate change, the

Commission shall immediately certify such fact to the company and

the proposed local exchange rates shall become effective as

published in the notice to subscribers. If, on or before the

effective date of the proposed local exchange rate change, the

Commission has received petitions from fifteen percent (15%) or more

of the subscribers requesting that the Commission examine and

determine the reasonableness of the proposed local exchange rates,

Oklahoma Statutes - Title 17. Corporation Commission Page 47

the Commission shall notify the company that it will examine and

determine the reasonableness of the proposed local exchange rate

change. Local exchange rates and charges established by the

Commission or by a telephone company pursuant to this subsection and

subsection D of this section shall be in force for not less than one

(1) year.

G. In addition to the procedure for petition prior to any

proposed local exchange rate change pursuant to subsections D

through F of this section, the subscribers of a telephone company

not subject to the Commission's local exchange rate regulation may

at any time petition the Commission to declare the company be

subject to such rate regulation. If the Commission determines that

at least fifty-one percent (51%) of the subscribers of a company

have properly petitioned that the company be subject to the

Commission's rate regulation, the Commission shall certify such fact

to the company and thereafter the company shall be subject to rate

regulation by the Commission until at least fifty-one percent (51%)

of the subscribers of the company properly petition that the company

no longer shall be subject to the Commission's local exchange rate

regulation. The Commission shall adopt and promulgate rules and

regulations governing the petition procedure and the form of such

petitions and a petition substantially in compliance with such rules

and regulations shall not be deemed invalid due to minor errors in

its form.

H. Subsections A through G of this section apply only to local

exchange rates and charges and shall have no effect on the Oklahoma

Corporation Commission's jurisdiction over, and regulation of,

intrastate toll and access rates and charges.

I. The Commission shall have the right to investigate and

determine the reasonableness of the increase in local exchange rates

and charges of each telephone company or cooperative not subject to

local exchange rate regulation within one (1) year of the time local

exchange rates or charges are increased. If the Commission

determines such rate or charge increases are unreasonable, the

Commission shall have the authority to order a rate hearing and,

after such hearing, shall have the authority to rescind all or any

portion of the increases found to be unreasonable.

J. When any telephone utility subject to the jurisdiction of

the Corporation Commission shall file with the Commission a request

for review of its rates and charges, such request shall be conducted

in accordance with the provisions of subsection B of Section 152 of

this title.

K. 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, Article IX of said

Constitution.

Oklahoma Statutes - Title 17. Corporation Commission Page 48
Okla. Stat. tit. 17, § 17-140.3 — OK Code / Title 17 / Section 17-140.3
Services to children under 12 years - Requirements
Status: in_force

A. An information provider that does business in this state

shall not direct information delivery services to children under the

age of twelve (12) years unless the information provider complies

with the following provisions:

1. Interactive calls where children under the age of twelve

(12) years can speak to other children under the age of twelve (12)

years are prohibited;

2. Programs directed to children under the age of twelve (12)

where the children are asked to provide their names, addresses,

telephone numbers, or other identifying information are prohibited;

3. Advertisements for information delivery services that are

directed to children under the age of twelve (12) years must contain

a visual disclosure, in the case of print and broadcast advertising,

and audibly in the case of broadcast advertising, that clearly and

conspicuously states that children under the age of twelve (12)

years must obtain parental consent before placing a call to the

advertised number;

4. Program messages that encourage children under the age of

twelve (12) years to make increased numbers of calls in order to

obtain progressively more valuable prizes, awards, or similarly

denominated items are prohibited;

5. Advertisements for information delivery services that are

directed to children under the age of twelve (12) years must

contain, in age-appropriate language, an accurate description of the

services being provided. In the case of print advertising, the

information must be clear and conspicuous and in the case of

broadcast advertising, it must be clearly and conspicuously visually

displayed and verbally disclosed in an audible, clear, articulated

manner; and

6. Program messages that are directed to children under the age

of twelve (12) years that employ broadcast advertising where an

electronic tone signal is emitted during the broadcast of the

advertisement that automatically dials the program message are

prohibited.

B. Every local exchange company or interexchange carrier

providing billing and collection services for pay-per-call services

doing business in this state shall remove pay-per-call service

Oklahoma Statutes - Title 17. Corporation Commission Page 83

charges from the subscriber's bill upon complaint of the subscriber

that the caller to the pay-per-call service was under the age of

twelve (12) years and the information provider failed to comply with

the provisions of Section 3 of this act.
Okla. Stat. tit. 17, § 17-505 — OK Code / Title 17 / Section 17-505
Unitization of brine rights - Notice of application
Status: in_force

Notice of the filing of an application to create a unit or to

increase or decrease the size of the unit area, along with a copy of

the application, shall be mailed to each respondent to the

application whose address is known, or whose address can be found

with reasonable diligence, at least twenty (20) days prior to the

date set for hearing. In addition, notice shall be given at least

twenty (20) days prior to the date of said hearing by one

publication in some newspaper of general circulation printed in

Oklahoma County, Oklahoma, and by one publication at least twenty

(20) days prior to the date of the hearing in some newspaper of

general circulation printed in each county in which the lands

embraced within the application are situated. In addition, such

additional notice shall be given as is required by the rules and

regulations of the Commission.
Okla. Stat. tit. 17, § 17-524 — OK Code / Title 17 / Section 17-524
Jurisdiction of Corporation Commission - Exception from
Status: in_force

repeal or limits.

Nothing in this act shall be construed as repealing or limiting

the jurisdiction, authority and power of the Oklahoma Corporation

Commission.
Okla. Stat. tit. 17, § 17-158.25 — OK Code / Title 17 / Section 17-158.25
Exclusive rights within territory - New electric-
Status: in_force

consuming facilities.

A. Except as otherwise provided herein, each retail electric

supplier shall have the exclusive right to furnish retail electric

service to all electric-consuming facilities located within its

certified territory, and shall not furnish, make available, render

or extend its retail electric service to a consumer for use in

electric-consuming facilities located within the certified territory

of another retail electric supplier; provided that any retail

electric supplier may extend its facilities through the certified

territory of another retail electric supplier, if such extension is

necessary for such supplier to connect any of its facilities or to

serve its consumers within its own certified territory.

B. Except as provided in subsections C and E of this section,

any new electric-consuming facility located in an unincorporated

area which has not as yet been included in a map issued by the

Commission, pursuant to Section 158.24 of this title, or certified,

pursuant to Section 158.24 of this title, shall be furnished retail

electric service by the retail electric supplier which has an

existing distribution line in closer proximity to such electric-

consuming facility than is the nearest existing distribution line of

any other retail electric supplier. Any disputes under this

subsection shall be resolved by the Commission.

C. If the Commission, after hearing, shall determine that the

retail electric service being furnished or proposed to be furnished

by a retail electric supplier to an electric-consuming facility is

inadequate and is not likely to be made adequate, the Commission may

authorize another retail electric supplier to furnish retail

electric service to such facility.

D. Except as provided in subsection C of this section, no

retail electric supplier shall furnish, make available, render or

extend retail electric service to any electric-consuming facility to

Oklahoma Statutes - Title 17. Corporation Commission Page 92

which such service is being lawfully furnished by another retail

electric supplier on September 10, 1971, or to which retail electric

service is lawfully commenced thereafter in accordance with this

section by another retail electric supplier.

E. The provisions of this act shall not preclude any retail

electric supplier from extending its service after September 10,

1971, (1) to its own property and facilities, in an unincorporated

area, and (2) subject to subsection D of this section, to an

electric-consuming facility requiring electric service, in an

unincorporated area, if the connected load for initial full

operation of such electric-consuming facility is to be 1,000 kw or

larger.

F. To achieve the purposes of efficient, cost-effective retail

electric service without duplication of electric facilities and to

avoid unfairly shifting costs to residential consumers, retail

electric service providers are required to establish and utilize

rate tariffs which are specifically applicable to a rate class of

customers composed of electric consuming facilities being served in

accord with the 1,000 kw size exception found in subsection E of

this section and located outside the retail electric service

provider's certified territory. These tariffs may be for a specific

electric consuming facility or for a class of electric consuming

facilities taking service under this provision. For retail electric

service providers that are rate-regulated by the Commission, the

rates supporting this rate class shall be determined in the rate-

regulated service provider's most recent rate proceeding. Rates for

this rate class shall be designed to recover (i) the costs of

extending service to the competitive load of electric consuming

facilities of 1,000 kw or larger located outside the retail electric

service provider's certified territory; and (ii) the allocated share

of other costs associated with providing service to the electric

consuming facility. Such tariffs shall be cost-of-service based and

shall not subsidize other rate classes or be subsidized by other

rate classes. Unless costs of extending service to such a new load

are collected from the customer, those costs shall be included in

the cost of service study in the next rate proceeding. If the

electric service provider, in whose certified territory the

competitive load is seeking electric service, chooses in writing not

to compete for said competitive load or does not respond within

thirty (30) days of receiving written notice by the customer, the

terms of this subsection shall not apply.
Okla. Stat. tit. 17, § 17-180.1 — OK Code / Title 17 / Section 17-180.1
Advertising expenses by public utilities
Status: in_force

A. Advertising expenses shall not be included by a public

utility in its operating expenses for ratemaking purposes.

B. For purposes of subsection A of this section:

1. "Advertising" means:

a. the commercial use by a public utility of any media

including, but not limited to, newspaper, magazine, radio and

television to transmit a message to the public or to such public

utility's customers, or

b. the commercial use by a public utility of any printed

material to transmit a message to a substantial number of members of

the public or to a substantial number of the public utility's

customers;

2. "Advertising" shall not mean:

a. periodic publications or reports required by the

bylaws of any public utility or electric cooperative, b. any

communication with customers and the public which is strictly

limited to energy conservation and education,

c. any communication with customers and the public which

provides telephone customers with instruction in the use of new,

changed or improved features of their telephone service, or

Oklahoma Statutes - Title 17. Corporation Commission Page 148

information about time periods or other conditions under which long

distance calls may be made at reduced rates, or information which

promotes the efficient use of the telephone network; provided that

if the cost of providing such information is to be treated as an

operating expense by the public utility, it shall be clearly marked

or identified to indicate the identity of the public utility and the

fact that the cost is paid for by the ratepayers of the public

utility,

d. any communication with customers and the public for

giving of information or notice required by law or otherwise

necessary to warn of dangerous or hazardous conditions,

e. routine classified telephone listings for the

convenience of customers,

f. informational inserts in customers' bills,

g. any communication with customers and the public which

informs existing and potential customers of the availability and

conservation features of energy-efficient appliances and equipment,

h. any communication with customers and the public which

relates to industrial development, and

i. any communication with customers and the public which

is in furtherance of conservation or load management 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,

b. the conveyance, transmission, reception or

communications over a telephone system; provided that no authority

not otherwise a public utility within the meaning of this section

shall be deemed such solely because of the furnishing or furnishing

and maintenance of a private system, or

c. 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, § 17-180.6 — OK Code / Title 17 / Section 17-180.6
Intrastate transmission of telephone communication or
Status: in_force

message.

Any telephone communication or message which is transmitted and

received within the boundaries of the State of Oklahoma shall be an

intrastate transmission, regardless of whether such transmission

crosses state boundaries prior to reaching its receiving point.
Okla. Stat. tit. 17, § 17-348.9 — OK Code / Title 17 / Section 17-348.9
Violations - Penalties
Status: in_force

Any person or persons violating the provisions of Sections 348

through 348.9 of this title shall be deemed guilty of a misdemeanor

and shall, upon conviction thereof, be punished by a fine of not

less than Three Hundred Dollars ($300.00) nor more than Five Hundred

Dollars ($500.00), or imprisonment for ninety (90) days or both for

each offense. In addition thereto, the Corporation Commission is

hereby authorized to punish any person or persons violating the

rules and regulations adopted by the Commission pursuant to Sections

348 through 348.9 of this title for contempt, and any person found

guilty of violating the rules and regulations of the Corporation

Commission adopted pursuant to Sections 348 through 348.9 of this

title may be fined any amount not exceeding Five Hundred Dollars

($500.00) for each offense.
Okla. Stat. tit. 17, § 17-183 — OK Code / Title 17 / Section 17-183
Certificate to be obtained from Commission
Status: in_force

No securities shall be issued by a public utility organized

under the laws of this state, nor shall any liens on property in

this state be created by a public utility organized under the laws

of another state or foreign country, to secure the payment of

evidences of indebtedness until such public utility shall first have

obtained from the Commission a certificate authorizing such issue or

creation.
Okla. Stat. tit. 17, § 17-341.2 — OK Code / Title 17 / Section 17-341.2
Division employees – Prohibited from jobs or businesses
Status: in_force

in regulated field.

The employees of the Petroleum Storage Tank Division shall not

engage in any job or business in an industry or engage in a

profession in any area or field regulated by the Petroleum Storage

Tank Division of the Corporation Commission.
Okla. Stat. tit. 17, § 17-508 — OK Code / Title 17 / Section 17-508
Plan of unitization - Provisions - Ratification by record
Status: in_force

owners - Election to sell.

A. The plan of unitization for each such unit and unit area

shall be one suited to the needs and requirements of the particular

unit dependent upon the facts and conditions found to exist with

respect thereto. In addition to such other terms, provisions,

conditions and requirements found by the Commission to be reasonably

necessary or proper to effectuate or accomplish the purpose of this

act, and subject to the further requirements hereof, each such plan

of unitization shall contain fair, reasonable and equitable

provisions for:

1. The efficient unitized management or control of further

development and operation of the unit area. Under such plan the

actual operations of the unit shall be carried on by one of the

owners of the right to drill for and produce brine within the unit

area as unit operator. The designation of unit operator shall be by

majority vote of the owners of the right to drill for and produce

brine in the unit in accordance with their acreage ownership in the

unit;

2. The method and circumstances under which brine or effluent

from the unit, or from any other source, may be injected into the

common source of supply under the unit area or into other

formations;

3. The fair, just and reasonable compensation to be awarded to

any owner within the unit who does not wish to participate in

development of the unit by paying such owner's share of unit costs;

4. The fair, just and reasonable manner of participation for

any owner desiring to participate in the development of the unit by

paying such owners share of unit costs;

5. The fair, just and reasonable allocation and distribution to

each owner and the value of such owner's share of the brine and

solution gas produced from the unit;

6. The procedure and basis upon which wells, equipment and

other properties of the owners within the unit area are to be taken

over and used for unit operations, including the method of arriving

at the compensation therefor, or for otherwise proportionately

equalizing the investment of the several owners in the unit;

7. The method of apportioning costs of development and

operation between owners of brine and owners of solution gas, if

solution gas has also been unitized;

8. The time when the plan of unitization shall become

effective;

9. The time when and conditions under which the unit shall or

may be dissolved and all affairs concluded.

B. No order of the Commission creating a unit and prescribing

the plan of unitization applicable thereto shall become effective

Oklahoma Statutes - Title 17. Corporation Commission Page 277

unless and until the plan of unitization has been signed, or in

writing ratified or approved by record owners of the right to drill

of not less than fifty-five percent (55%) of the unit area affected

thereby and by owners of record of not less than fifty-five percent

(55%) (exclusive of royalty interest owned by lessees or

subsidiaries of any lessee) of the royalty interest in and to the

unit area and the Commission has made a finding either in the order

creating the unit or in a supplemental order that the plan of

unitization has been so signed, ratified or approved by lessees and

royalty owners owning the required percentage interest in and to the

unit area. Provided, however, in any instance where a royalty owner

has, through lease or other agreement, previously authorized pooling

or unitization of a size equal to or larger than the size specified

in the Commission order, said lease or other agreement shall be

deemed to be such royalty owner's authorization to unitize, and no

additional signature, ratification or approval shall be necessary

from such owner, unless the lease provides for a different

production sharing formula than set out in the plan of unitization.

Further provided, however, in any instance where a royalty owner

has, through lease or other agreement, previously consented to have

the unit boundaries and the allocation formula established by the

Commission, said lease or other agreement shall be deemed to be such

royalty owner's authorization to unitize, and no additional

signature, ratification or approval shall be necessary from such

owner. Where the plan of unitization has not been so signed,

ratified or approved by lessees and royalty owners owning the

required percentage interest in and to the unit area at the time the

order creating the unit is made, the Commission shall hold such

additional and supplemental hearings as may be requested or required

to determine if and when the plan of unitization has been so signed,

ratified or approved by lessees and royalty owners owning the

required percentage interest in and to the unit area and shall, in

respect to such hearings, make and enter a finding of its

determination in such regard. In the event lessees or royalty

owners, or either, owning the required percentage interest in and to

the unit area have not so signed, ratified or approved the plan of

unitization within a period of six (6) months from and after the

date on which the order creating the unit is made, the order

creating the unit shall be deemed vacated and of no force and

effect.

C. A participating brine owner shall have a one-time election

to sell, and any brine owner in the unit with brine refining

equipment shall have the obligation to buy, the brine produced from

the unit at the value determined by the Commission; provided

however, nothing herein shall require the purchasing brine owner to

purchase brine when it is not producing brine from the unit for its

own account.

Oklahoma Statutes - Title 17. Corporation Commission Page 278
Okla. Stat. tit. 17, § 17-42 — OK Code / Title 17 / Section 17-42
License from Corporation Commission - Necessity - Showing -
Status: in_force

Fee.

No person or persons, or corporation, in this state shall be

permitted to maintain and operate a gin for the purpose of ginning

seed cotton of the general public, or of ginning seed cotton not

produced and owned by the person or persons, or the stockholders of

the corporation maintaining and operating said gin, without first

having secured a license for such purpose from the State Corporation

Commission, said license to be issued upon proper showing to be made

as prescribed by the rules and regulations promulgated by the

Commission. The fee for said license issued by the Corporation

Commission is hereby fixed at three cents ($0.03) per bale, based on

the number of bales ginned the previous year as shown by the final

report of said gin, on file, with the Corporation Commission. In

case of a new plant or gin that did not operate the preceding year,

Oklahoma Statutes - Title 17. Corporation Commission Page 24

a license fee of Five Dollars ($5.00) per gin stand will be charged;

which sum shall be converted into the State Treasury of the State of

Oklahoma.
Okla. Stat. tit. 17, § 17-344 — OK Code / Title 17 / Section 17-344
Refusal to admit inspector - Penalties
Status: in_force

A. Any dealer in or manufacturer or other person in possession

of regulated substances who refuses to admit an inspector upon the

premises to perform the duties of the inspector shall, for each

refusal to admit on his or her premises, or obstruction offered to

an inspector, be guilty of a misdemeanor and be subject to a fine of

Five Hundred Dollars ($500.00) per day per violation and

imprisonment for ninety (90) days, or both, for each offense.

B. Any person who owns or has custody of any measuring device

who shall refuse to admit employees of the Corporation Commission

Oklahoma Statutes - Title 17. Corporation Commission Page 263

upon his or her premises so far as it may be necessary for the

performance of their duties, or shall obstruct such employees in the

performance of their duties, shall for each separate offense be

guilty of a misdemeanor and subject to a fine of One Hundred Dollars

($100.00).
Okla. Stat. tit. 17, § 17-14 — OK Code / Title 17 / Section 17-14
Penalty for refusing examination of books in violation of
Status: in_force

Constitution, Article IX, Section 28.

If any officer of any railroad company or other public service

corporation, or of any other corporation or any other person, in

violation of the provisions of Article 9, Section 28, of the

Constitution of the State of Oklahoma, shall refuse to permit the

Corporation Commissioners, or any person authorized thereto, to

examine its books and papers, such officer or other person so

refusing shall be deemed guilty of a misdemeanor, and upon

conviction thereof, shall be punished by a fine of not less than

Twenty-Five Dollars ($25.00), nor more than Five Hundred Dollars

($500.00), and by imprisonment in the county jail for not less than

thirty (30) days nor more than one (1) year; and each day such

officers or other person shall fail or refuse to permit such

examination or investigation, shall constitute a separate offense.
Okla. Stat. tit. 17, § 17-507 — OK Code / Title 17 / Section 17-507
Delineation of unit area - Allocation of production
Status: in_force

The order of the Commission shall define the area of the common

source of supply or portion thereof to be included within the unit

area. Each unit and unit area shall be limited to all or a portion

of a single common source of supply.

Brine owners within the unit shall share in the production of

brine in the proportion that their acreage bears to total acreage

within the unit, unless the Commission, after notice and hearing,

shall provide for another method in the unit plan. Solution gas

owners within the unit shall share in production of solution gas in

the proportion that their acreage bears to total acreage in the

unit, unless the Commission, after notice and hearing, shall provide

for another method in the unit plan.
Okla. Stat. tit. 17, § 17-180.4 — OK Code / Title 17 / Section 17-180.4
Political activities prohibited - Exception
Status: in_force

No employee of the Corporation Commission in the unclassified

service, shall, directly or indirectly, solicit, receive, or in any

manner be concerned in soliciting or receiving any assessment,

subscription or contribution for any political organization,

candidacy or other political purpose; and no employee of the

Commission in the unclassified service shall solicit or receive any

such assessment, subscription or contribution from an employee in

the classified service. No employee of the Corporation Commission

in the unclassified service shall be a candidate for nomination or

election to any paid public office, or take part in the management

or affairs of any political campaign, except to exercise his right

as a citizen privately to express his opinion and to cast his vote.
Okla. Stat. tit. 17, § 17-155 — OK Code / Title 17 / Section 17-155
Orders and rules of Commission - Scope - Right of appeal
Status: in_force

The Commission may, from time to time, adopt or promulgate, such

orders, rules, regulations or requirements, relative to

investigations, inspections, tests, audits, and valuations of the

plants and properties relative to inspection and tests of meters as

in its judgment may be necessary and proper; provided, that under

the provisions of this act, any public utility, corporation,

association, company, individual, their trustees, lessees or

receivers, successors, or assigns, may appeal from any order or

finding or judgment of the Corporation Commission as provided by law

in cases tried and heard before said Commission of transportation

and transmission companies.
Okla. Stat. tit. 17, § 17-151 — OK Code / Title 17 / Section 17-151
Public utility defined — Exemptions — Requirements
Status: in_force

A. 1. The term “public utility” as used in Sections 151

through 155 of this title shall be taken to mean and include every

corporation, association, company, individuals, their trustees,

lessees, or receivers, successors or assigns, except as hereinafter

Oklahoma Statutes - Title 17. Corporation Commission Page 84

provided, and except cities, towns, or other bodies politic, that

now or hereafter may own, operate, or manage any plant or equipment,

or any part thereof, directly or indirectly, for public use, or may

supply any commodity to be furnished to the public:

a. for the conveyance of gas by pipeline,

b. for the production, transmission, delivery, or

furnishing of heat or light with gas,

c. for the production, transmission, delivery, or

furnishing of electric current for light, heat, or

power, or

d. for the transportation, delivery, or furnishing of

water for domestic purposes or for power. Provided

further, that a corporation organized and existing not

for profit pursuant to Title 18 of the Oklahoma

Statutes, Sections 851-863, but for the purpose of

developing and providing rural water supply and sewage

disposal facilities to serve rural residents shall not

be declared a public utility under this section, and

shall be exempt in any and all respects from the

jurisdiction and control of the Corporation Commission

of this state.

2. The term “Commission” shall be taken to mean the Corporation

Commission.

B. Provided, that the term public utility shall not include or

be taken to mean a corporation, association, company, individuals,

their trustees, lessees, receivers, successors, or assignees engaged

in the production of electricity, provided that such entity

furnishes an electric service or commodity on the premises directly

to itself, an affiliate, or tenants or indirectly by contracting

with a public utility, rural electric cooperative, or municipality

for the purpose of furnishing electric service to a specific

customer or is an exempt wholesale generator, so long as that

service or commodity is not resold as retail electric service or

supplied indirectly or directly for public use. Nothing herein

shall relieve such an entity of its obligation to comply with state

and federal grid interconnection and registration requirements and

associated costs from the applicable regional transmission

organization or public utility in the state. There shall not be a

requirement or an obligation for a public utility to serve any

customer receiving electric service from an entity described herein.

Further, it shall not limit any party from asserting a right they

may otherwise be entitled to under Oklahoma law including filings

with the Commission. Additionally, any project pursuant to this act

shall be required to utilize a natural gas component in their power

generation capacity.
Okla. Stat. tit. 17, § 17-519 — OK Code / Title 17 / Section 17-519
Notice to surface owner of intent to drill - Exceptions -
Status: in_force

Duty to negotiate surface damages.

Before entering upon a site for brine well drilling, except in

instances where there are non-state resident surface owners, non-

state resident surface tenants, unknown heirs, imperfect titles,

surface owners, or surface tenants whose whereabouts cannot be

ascertained with reasonable diligence, the operator shall give to

the surface owner a written notice of his intent to drill containing

a designation of the proposed location and the approximate date that

the operator proposes to commence drilling.

Such notice shall be given in writing by certified mail to the

surface owner. If the operator makes an affidavit that he has

conducted a search with reasonable diligence and the whereabouts of

the surface owner cannot be ascertained or such notice cannot be

delivered, then constructive notice of the intent to drill may be

given in the same manner as provided for the notice of proceedings

to appoint appraisers set forth in Section 22 of this act.

Within five (5) days of the date of delivery or service of the

notice of intent to drill, it shall be the duty of the operator and

the surface owner to enter into good faith negotiations to determine

the surface damages.
Okla. Stat. tit. 17, § 17-190.8 — OK Code / Title 17 / Section 17-190.8
Nondiscriminatory equivalent access to transmission and
Status: in_force

distribution facilities.

Any person, firm, association, government agency, authority,

cooperative, corporation or any affiliate thereof seeking to use

electric transmission and distribution facilities of any retail

electric service distributor for the purpose of supplying retail

electric power shall be required to provide equivalent access to its

own electric transmission and distribution facilities on a

nondiscriminatory basis as a condition to the continuing use of the

electric transmission and distribution facilities of any other

retail electric service distributor.
Okla. Stat. tit. 17, § 17-501 — OK Code / Title 17 / Section 17-501
Purpose
Status: in_force

The Legislature finds that it is desirable and necessary to

authorize and provide for unitized management, operation, and

further development of brine and associated solution gas, to the end

that a greater ultimate recovery of brine and solution gas may be

had, waste prevented, and the correlative rights of owners therein

be protected. It is further found to be in the public interest to

foster, encourage and promote the development and production in the

State of Oklahoma of brine and solution gas and to authorize and

provide for the operation and development of unitized brine and

solution gas properties, and to authorize the Commission to regulate

brine and solution gas production.

Oklahoma Statutes - Title 17. Corporation Commission Page 272
Okla. Stat. tit. 17, § 17-116.8 — OK Code / Title 17 / Section 17-116.8
Enforcement
Status: in_force

The Commission shall have jurisdiction to enforce rules and

regulations promulgated under this act relating to motor vehicles

used to transport railroad workers to and from their place of

employment or during the course of their employment.
Okla. Stat. tit. 17, § 17-45 — OK Code / Title 17 / Section 17-45
Appeals to Supreme Court
Status: in_force

Section 45. The orders made by said Commission fixing rates,

charges, rules andregulations as to any person, persons, or

corporation operating any gin or gins may be reviewed on appeal by

the Supreme Court in the same manner, form, jurisdiction and

procedure as apply to such orders made relative to transportation

and transmission companies.
Okla. Stat. tit. 17, § 17-801.9 — OK Code / Title 17 / Section 17-801.9
Hydrogen fuel production standard – Annual report
Status: in_force

A. The State of Oklahoma shall set a hydrogen fuel production

standard that will serve as an annual goal to be reached each year

through 2028 to increase the production of hydrogen fuel in the

state. Such hydrogen fuel production standard shall be to produce

Two Million Metric Tons (2 MMT) of hydrogen fuel using a low or zero

carbon source of energy annually by 2028.

B. Every qualified hydrogen fuel production facility that

produces hydrogen fuel in this state shall report to the Corporation

Commission by March 1 each year the amount of hydrogen fuel produced

in the preceding calendar year and the low or zero carbon source of

energy used to produce the hydrogen fuel. The Commission shall

begin collecting the reports no later than March 1, 2024, and shall

report annually to the President Pro Tempore of the Senate, the

Speaker of the House of Representatives, and the Governor the annual

hydrogen fuel production amount produced by qualified hydrogen

production facilities for the preceding calendar year, gathered from

reports submitted pursuant to this subsection, no later than May 1

of the first year of collection and each year thereafter. The

Commission shall promulgate rules to effectuate the provisions of

this subsection.

C. For purposes of this section, qualifying hydrogen fuel

production shall include:

1. Hydrogen fuel produced from low carbon sources such as

natural gas;

2. Hydrogen fuel produced from zero carbon sources such as:

a. wind,

b. photovoltaic,

c. hydropower,

d. geothermal, and

e. biomass, which projects may include agricultural

crops, wastes, and residues, wood, animal, and other

degradable organic wastes, municipal solid waste, and

landfill gas; and

3. Other low or zero carbon sources approved by the Commission.
Okla. Stat. tit. 17, § 17-710.8 — OK Code / Title 17 / Section 17-710.8
Promulgation of rules
Status: in_force

In the case of an electric utility, other than a self-regulated

cooperative, the Commission shall promulgate rules to implement the

provisions of the Electric Usage Data Protection Act. In the case

of a self-regulated cooperative, the board of trustees shall have

the authority to promulgate rules or procedures to implement the

provisions of the act.

Oklahoma Statutes - Title 17. Corporation Commission Page 295
Okla. Stat. tit. 17, § 17-180.12 — OK Code / Title 17 / Section 17-180.12
Waiver of utility deposit for victims of domestic
Status: in_force

violence.

A. A customer or applicant who has been determined to be a

victim of domestic violence, stalking, or harassment, as defined in

Section 109 of Title 43 of the Oklahoma Statutes or Section 644 of

Title 21 of the Oklahoma Statutes, by any of the following:

1. An existing protective order;

2. Law enforcement personnel;

3. A designated representative of a certified domestic violence

shelter or certified domestic violence program pursuant to Section

18p-6 of Title 74 of the Oklahoma Statutes; or

4. A designated representative of a domestic violence shelter

or domestic violence program operated by a federally recognized

Indian tribe,

shall be exempt from the public utility's initial credit and deposit

requirements as established by the public utility. This

determination shall be evidenced by submission of the certification

Oklahoma Statutes - Title 17. Corporation Commission Page 155

letter, provided in subsection B of this section, to the public

utility. The certification letter expires after ninety (90) days.

B. Certification Letter for Victim of Domestic Violence for

Waiver of Initial Utility Deposit:

IF A VALID PROTECTIVE ORDER IS ATTACHED TO THIS FORM, A CERTIFYING

AGENCY OR OFFICER DOES NOT NEED TO COMPLETE THE FOLLOWING SECTIONS.

This letter serves to certify that ___________________________(Name

of Applicant for Service) is a victim of domestic violence,

stalking, or harassment, as defined in Section 109 of Title 43 of

the Oklahoma Statutes or Section 644 of Title 21 of the Oklahoma

Statutes, and therefore has demonstrated satisfactory credit for the

purposes of establishing service. The requirement of initial

deposit shall be waived for the above named customer. (Only one

Certifying Agency is required.)

By my signature, I certify that the following Certifying Agency has

determined that, based on the information gathered at the time of

intake/assessment/provision of services, the above-named Applicant

reported experiences of domestic violence and was assessed to be a

victim of domestic violence.

Agency Name: ____________________________________________

Contact Number: _________________________________________

Signature: ______________________________________________

Printed Name: ___________________________________________

Title: __________________________________________________

Date: ___________________________________________________

By my signature I certify that I have personally responded to or

have confirmed via internal records that an officer of the

_____________________________ Police Department has responded to an

incident occurring within the municipal boundaries of the

_____________________________ (municipality) where the above-named

Applicant was reported to be a victim of domestic violence.

Department Representative Signature:

____________________________________________

Department Representative Printed Name:

____________________________________________

Badge Number (if applicable):

____________________________________________

Date: ______________________________________

This form expires ninety (90) days from the date of the signature of

the certifying individual.

C. The utility shall deem the certification letter and the

contents thereof as confidential and exempt from disclosure.
Okla. Stat. tit. 17, § 17-191.3 — OK Code / Title 17 / Section 17-191.3
Statement to be filed with Corporation Commission - Oath
Status: in_force

or affirmation - Contents - Amendments.

A. The statement to be filed with the Corporation Commission as

required by Section 191.2 of this title shall be made under oath or

affirmation and shall contain the following information:

1. The name and address of each acquiring party and all

affiliates thereof; and

a. if such acquiring party is an individual, his

principal occupation and all offices and positions

held during the past five (5) years, and any

conviction of crimes other than minor traffic

violations during the past ten (10) years, or

b. if such acquiring party is not an individual, a report

of the nature of its business and its affiliates'

operations during the past five (5) years or for such

lesser period as such acquiring party and any

predecessors thereof shall have been in existence; an

informative description of the business intended to be

done by such acquiring party and its subsidiaries; and

a list of all individuals who are or who have been

selected to become directors or officers of such

acquiring party, or who perform or will perform

functions appropriate or similar to such positions.

Such list shall include for each such individual the

information required by subparagraph a of paragraph 1

of this subsection;

2. The source, nature and amount of the consideration used or

to be used in effecting the merger or other acquisition of control,

a detailed description of any transaction wherein funds were or are

to be obtained for any such purpose, and the identity of persons

furnishing such consideration; provided, however, that where a

source of such consideration is a loan made in the lender's ordinary

course of business, the identity of the lender shall remain

confidential, if the person filing such statement so requests;

3. Audited financial statements in a form acceptable to the

Commission as to the financial condition of an acquiring party for

Oklahoma Statutes - Title 17. Corporation Commission Page 175

the preceding three (3) fiscal years of each such acquiring party,

or for such lesser period as such acquiring party and any

predecessors thereof shall have been in existence, and similar

unaudited information as of a date not later than one hundred

thirty-five (135) days prior to the filing of the statement;

4. Any plans or proposals which an acquiring party may have to

liquidate such public utility or holding company, to sell its

assets, or a substantial part thereof, or merge or consolidate it

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

investment policy, business or corporate structure, or management.

If any change is contemplated in the investment policy, or business

or corporate structure, such contemplated changes and the rationale

therefor shall be explained in detail. If any changes in the

management of the domestic public utility or holding company are

contemplated, the acquiring party shall provide a resume of the

qualifications and the names and addresses of the individuals who

have been selected or are being considered to replace the then

current management personnel of the domestic public utility or

holding company;

5. The number of shares of any voting security of the domestic

public utility or holding company which each acquiring party

proposes to acquire, and the terms of the offer, request,

invitation, agreement or acquisition referred to in Section 191.2 of

this title;

6. The amount of each class of any voting security of the

domestic public utility or holding company which is beneficially

owned or concerning which there is a right to acquire beneficial

ownership by each acquiring party;

7. A full description of any contracts, arrangements or

understandings with respect to any voting security of the domestic

public utility or holding company in which any acquiring party is

involved, including but not limited to transfer of any securities,

joint ventures, loan or option arrangements, puts or calls,

guarantees of loans, guarantees against loss or guarantees of

profits, division of losses or profits or the giving or withholding

of proxies. Such description shall identify the persons with whom

such contracts, arrangements or understandings have been entered

into;

8. A description of the purchase of any voting security of the

domestic public utility or holding company during the twelve (12)

calendar months preceding the filing of the statement, by any

acquiring party, including the dates of purchase, names of the

purchasers, and consideration paid or agreed to be paid therefor;

9. Copies of all tender offers for, requests for,

advertisements for, invitations for tenders of, exchange offers for,

and agreements to acquire or exchange any voting securities of the

Oklahoma Statutes - Title 17. Corporation Commission Page 176

domestic public utility or holding company and, if distributed, of

additional soliciting material relating thereto;

10. If the proposed transaction involves the merger or other

acquisition of control of a domestic public utility whose utility

service includes the furnishing of electric current, a schedule,

derived from the financial information provided pursuant to

paragraph 3 of this subsection, showing separately, as of a date

within one hundred thirty-five (135) days of filing the statement,

the amount of the total utility assets of the acquiring party and

the amount of the total nonutility assets of the acquiring party;

and

11. Such additional information as the Commission may by rule

or regulation prescribe as necessary or appropriate for the

protection of ratepayers of the domestic public utility or in the

public interest.

B. If a person required to file the statement referred to in

Section 191.2 of this title is a partnership, limited partnership,

limited liability company, syndicate or other group, the Commission

may require that the information called for in paragraphs 1 through

11 of subsection A of this section shall be given with respect to

each partner of such partnership or limited partnership, each member

of such limited liability company, syndicate or group and each

person who controls such partner or member. If any such partner,

member, person or acquiring party is a corporation or if a person

required to file the statement referred to in Section 191.2 of this

title is a corporation, the Commission may require that the

information called for by paragraphs 1 through 11 of subsection A of

this section be given with respect to such corporation, each officer

and director of such corporation, and each person who is directly or

indirectly the beneficial owner of more than ten percent (10%) of

the outstanding voting securities of such corporation and each

affiliate of such corporation.

C. If any material change occurs in the facts set forth in the

statement filed with the Commission and sent to such domestic public

utility or holding company pursuant to this act, an amendment

setting forth such change, together with copies of all documents and

other material relevant to such change, shall be filed with the

Commission and sent by the person filing the statement to the

domestic public utility or holding company within two (2) business

days after such person learns of such change.
Okla. Stat. tit. 17, § 17-125 — OK Code / Title 17 / Section 17-125
Unclaimed refunds - Administrations
Status: in_force

All refunds not paid out by the Commission, or unclaimed, shall

be administered in accordance with the Uniform Unclaimed Property

Act (1981).
Okla. Stat. tit. 17, § 17-190.1 — OK Code / Title 17 / Section 17-190.1
Short title
Status: in_force

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

Restructuring Act of 1997".
Okla. Stat. tit. 17, § 17-158.54 — OK Code / Title 17 / Section 17-158.54
Notice of public hearing - Expenses and security
Status: in_force

Notice, in a form to be specified by the Corporation Commission,

of the public hearing to be held pursuant to Section 4 of this act

shall be mailed, or shall be given in such other manner as may be

determined by the Commission, by the rural electric cooperative to

its customers within ten (10) business days after it has received

notice of the hearing from the Commission. The expenses of

preparation and mailing and giving of such notice shall be borne by

the person filing the statement required by Section 2 of this act.

As security for the payment of such expenses, the Commission may

require such person to file with the Commission an acceptable bond

or other deposit in an amount to be determined by the Commission.
Okla. Stat. tit. 17, § 17-180 — OK Code / Title 17 / Section 17-180
Penalties
Status: in_force

After the effective date of this act, any person who with

wrongful intent acquires an interest in or assists in financing any

firm, corporation or business of the type specified in Section 1, or

who actually uses such influence to benefit such firm, corporation

or business, shall be deemed guilty of a misdemeanor, and upon

conviction thereof shall be punished by a fine of not less than One

Hundred Dollars ($100.00) nor more than One Thousand Dollars

($1,000.00), or by imprisonment in the county jail for a period of

not exceeding one (1) year, or by both such fine and imprisonment.