REGULATORY JURISDICTION OVER THE MATTER.
WITH REGARD TO APPLICABLE STATE LAW, YOUR REQUEST SPECIFICALLY REFERENCES SECTION 437.2(D) OF THE RURAL ELECTRIC COOPERATIVE ACT ("THE ACT") WHICH PROVIDES IN RELEVANT PART THAT:
"A COOPERATIVE SHALL HAVE POWER . . . (T)O GENERATE, MANUFACTURE, PURCHASE, ACQUIRE, ACCUMULATE AND TRANSMIT ELECTRIC ENERGY AND TO DISTRIBUTE, SELL, SUPPLY AND DISPOSE OF ELECTRIC ENERGY IN RURAL AREAS TO ITS MEMBERS, TO GOVERNMENTAL AGENCIES AND POLITICAL SUBDIVISIONS, AND TO OTHER PERSONS(.)" 18 O.S. 437.2(D) (1991).
THE MEMORANDUM ATTACHED TO YOUR LETTER CONCLUDES THAT SINCE THE TERM "RURAL AREAS" APPEARS IN THE CLAUSE DEALING WITH "MEMBERS," THAT RESTRICTION APPLIES ONLY TO SERVICE TO THE COOPERATIVE'S MEMBERS, BUT NOT TO SERVICE TO NON-MEMBER "GOVERNMENTAL AGENCIES AND POLITICAL SUBDIVISIONS." IN OTHER WORDS, THE MEMORANDUM CONCLUDES THAT A RURAL ELECTRIC COOPERATIVE CAN RENDER SERVICE TO MEMBERS WHO ARE LOCATED IN "RURAL AREAS," BUT CAN RENDER SERVICE TO NON-MEMBERS WHEREVER THEY ARE LOCATED. IN MY OPINION THIS CONCLUSION IS ERRONEOUS.
THE FUNDAMENTAL PRINCIPLE OF STATUTORY CONSTRUCTION IS TO ASCERTAIN AND, IF POSSIBLE, TO GIVE EFFECT TO THE INTENTION AND PURPOSE OF THE LEGISLATURE AS EXPRESSED IN THE STATUTE. SEE, E.Q., JACKSON V. INDEPENDENT SCHOOL DISTRICT NO. 16 OF PAYNE COUNTY, 348 P.2D 26 (OKLA. 1982). WHERE THE LEGISLATURE PLAINLY EXPRESSES ITS INTENT, THERE IS NO ROOM FOR CONSTRUCTION NOR PROVISION FOR FURTHER INQUIRY. SEE, E.Q., HUGHES DRILLING CO. V. MORGAN, 348 P.2D 32 (OKLA. 1982). FURTHER, AN ACT SHOULD BE GIVEN A CONSTRUCTION WHICH IS REASONABLE AND SENSIBLE AND SHOULD NOT BE CONSTRUED SO AS TO LEAD INTO INCONSISTENCY BETWEEN DIFFERENT PARTS AS THEY BEAR UPON EACH OTHER. SEE, E.Q., LANCASTER V. STATE EX REL. HARROD, 426 P.2D 714 (OKLA. 1967).
THE ACT ITSELF CLEARLY EXPRESSES THE INTENT OF THE LEGISLATURE IN ENACTING IT:
"COOPERATIVE, NONPROFIT, MEMBERSHIP CORPORATIONS MAY BE ORGANIZED UNDER THIS ACT FOR THE PURPOSE OF SUPPLYING ELECTRIC ENERGY AND PROMOTING AND EXTENDING THE USE THEREOF IN RURAL AREAS." 18 O.S. 437.1 (EMPHASIS ADDED).
THE ACT GOES ON TO EXPRESSLY DEFINE THE TERM "RURAL AREA" AS:
"1. (A)NY AREA NOT INCLUDED WITHIN THE BOUNDARIES OF ANY INCORPORATED OR UNINCORPORATED CITY, TOWN OR VILLAGE, HAVING A POPULATION IN EXCESS OF ONE THOUSAND FIVE HUNDRED (1,500) PERSONS, AND
2. (A)NY AREA INCLUDED WITHIN THE BOUNDARIES OF ANY SUCH CITY, TOWN OR VILLAGE AS A RESULT, OF INCORPORATION, ANNEXATION, POPULATION GROWTH, OR OTHERWISE, IN WHICH AREA A COOPERATIVE COMMENCED OR COMMENCES THE CONSTRUCTION OR OPERATION OF ELECTRIC FACILITIES OR THE FURNISHING OF ELECTRIC ENERGY PRIOR TO SUCH INCORPORATION, ANNEXATION OR POPULATION GROWTH." ID. 437.28(A).
THE ACT FURTHER PROVIDES THAT IT IS TO BE CONSTRUED LIBERALLY" SO AS TO ACCOMPLISH ITS ENUMERATED, OR LIKE OR SIMILAR PURPOSES. ID. 437.29.
THUS, BY THE EXPRESS PROVISIONS OF THE ACT ITSELF IT IS CLEAR THAT THE ACT WAS INTENDED TO FOSTER AND ENCOURAGE THE EXTENSION OF ELECTRIC SERVICE INTO "RURAL AREAS." ACCORDINGLY, ALL PROVISIONS OF THE ACT, INCLUDING 18 O.S. 437.2(D), MUST BE INTERPRETED SO AS TO FURTHER THIS INTENT.
GIVEN THE ACT'S STATED PURPOSE OF