EXTENDING ELECTRIC SERVICE TO "RURAL AREAS," ITS EXPRESS DEFINITION OF THAT TERM, AND ITS EXPRESS REQUIREMENT THAT THE ACT BE LIBERALLY CONSTRUED TO ACHIEVE ITS STATED PURPOSE, I BELIEVE THAT THE "RURAL AREA" RESTRICTION SET FORTH IN 437.2(D) MUST BE CONSTRUED AS APPLYING TO ALL CLASSES OF CUSTOMERS SERVED BY A RURAL ELECTRIC COOPERATIVE, INCLUDING NONMEMBER GOVERNMENTAL AGENCIES AND POLITICAL SUBDIVISIONS.
CONSTRUING THE "RURAL AREA" RESTRICTION OF 18 O.S. 437.2(D) AS APPLYING ONLY TO THE COOPERATIVE'S MEMBERS WOULD BE INCONSISTENT WITH THE ACT'S EXPRESS PURPOSE OF PROMOTING ELECTRICAL DEVELOPMENT IN RURAL AREAS. RATHER, SUCH A CONSTRUCTION WOULD TEND TO ENCOURAGE COOPERATIVES TO MARKET THEIR SERVICES TO GOVERNMENTAL AGENCIES AND POLITICAL SUBDIVISIONS IN THE MORE DENSELY POPULATED URBAN AREAS, POSSIBLY AT THE EXPENSE OF ITS MEMBERS IN RURAL AREAS. SUCH A CONSTRUCTION IS INCONSISTENT WITH THE EXPRESS INTENTION OF THE ACT.
FOR ALL THE ABOVE-STATED REASONS, IT IS MY OPINION THAT UNDER THE PROVISIONS OF 18 O.S. 437.2(D), A RURAL ELECTRIC COOPERATIVE HAS THE POWER AND AUTHORITY TO SELL ELECTRIC ENERGY TO "GOVERNMENTAL AGENCIES AND POLITICAL SUBDIVISIONS" WHICH ARE NOT MEMBERS OF THE COOPERATIVE, PROVIDED THAT SUCH ENTITIES ARE LOCATED IN A "RURAL AREA," AS DEFINED BY THE ACT, AND SO LONG AS ANY OTHER REQUIREMENTS OF THE ACT ARE SATISFIED.
(RICK D. CHAMBERLAIN)