reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.28. Applicabilty of act.

The provisions of this act shall not be applicable to municipal corporations, or beneficial trusts thereof, owning or operating electric lines or generating facilities, or the financing of a rural electric cooperative or association; and nothing in this act shall prohibit or shall ever be construed to prohibit any municipal corporation, or beneficial trusts thereof, owning or operating electric lines, from furnishing electric service to any territory thereafter annexed to and incorporated into the corporate limits of said municipal corporation, or from acquiring the electric distribution facilities of any association or cooperative corporation as now provided in Title 18, Section 437.2. Provided further that it shall not be necessary for any such municipal corporation, or beneficial trusts thereof, to secure the prior order, consent or authorization of the Commission to proceed under said Title 18, Section 437.2, but after the acquisition of any such electric distribution facilities of any association or cooperative corporation, the Commission shall be notified by such municipal corporation as to the description of the territory annexed and incorporated into the corporate limits in order that the Commission may adjust its required maps.
Laws 1971, c. 113, § 8.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.29. Annexation of area to city or town.

When an area, which is included in whole or in part in any territory or territories certified to a retail electric supplier or suppliers under this act, is annexed to and becomes a part of an incorporated city or town, the certification of the territory or territories under this act shall be subject to the provisions of the Retail Electric Consumer Cost Reduction, Safety and Service Efficiency Act.
Added by Laws 1971, c. 113, § 9. Amended by Laws 2008, c. 263, § 6, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.42. Purpose.

The purposes of the Retail Electric Consumer Cost Reduction, Safety and Service Efficiency Act are to encourage the orderly development of coordinated statewide retail electric service, conserve natural resources and materials, minimize unnecessary use of the public rights-of-way, avoid needless and wasteful duplication of electric distribution facilities within the State of Oklahoma and provide safe, economical and cost-efficient electric service to retail electric consumers.
Added by Laws 2008, c. 263, § 2, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.44. Furnishing of retail electricity continued.

Subject to the provisions of the Retail Electric Consumer Cost Reduction, Safety and Service Efficiency Act, any retail electric supplier shall be entitled to continue and extend the furnishing of electricity, including the right to construct, maintain and operate electric transmission and distribution lines and related facilities along, upon, under and across all existing and future public thoroughfares in an area that has been or shall be included, as a result of incorporation or annexation, within the boundaries of a municipality if the retail electric supplier was furnishing electricity or was constructing or operating electric facilities in the area prior to its incorporation or annexation without obtaining the consent, franchise, license, permit or other authority of the municipality, subject, however, to compliance with the lawful safety requirements of the municipality as to the matter of constructing and maintaining facilities along, upon, under and across thoroughfares. Provided that, if any such retail electric supplier is or has been operating under a franchise granted by the voters of the municipality, upon expiration of such franchise, this section shall not be construed as a grant of a right to continue and extend the furnishing of electricity within the boundaries of the municipality other than as granted with regard to the annexed area referred to in this section.
Added by Laws 2008, c. 263, § 4, eff. Jan. 1, 2009. Amended by Laws 2009, c. 46, § 1, emerg. eff. April 14, 2009.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.45. Provisions in conflict or inconsistent with Constitution.

If the Retail Electric Consumer Cost Reduction, Safety and Service Efficiency Act, or any provision hereof is, or may be deemed to be, in conflict or inconsistent with any of the provisions of Sections 18 through 34, inclusive, of Article IX of the Constitution of the State of Oklahoma, then, to the extent of any such conflicts or inconsistencies, it is hereby expressly declared this entire act and this section are amendments to and alterations of said sections of the Constitution, as authorized by Section 35 of Article IX of said Constitution.
Added by Laws 2008, c. 263, § 5, eff. Jan. 1, 2009.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.50. Definitions.

1. "Acquiring party" means a person and all affiliates thereof by whom or on whose behalf an acquisition of control referred to in Section 2 of this act is to be effected;
2. "Affiliate" means a person who directly, or indirectly through one or more intermediaries, controls, or is controlled by or is under common control with the person specified including any corporation created at the direction of the person specified for purposes of corporate reorganization;
3. "Commission" means the Oklahoma Corporation Commission;
4. "Control" (including the terms "controlling", "controlled by", and "under common control with") means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership, by contract, purchase of assets, or otherwise, unless such power is the result of an official position with, or corporate office held in, such person. Control shall be presumed to exist if any person, directly or indirectly, owns or controls the assets of such rural electric cooperative. This presumption may be rebutted by showing that control does not exist in fact. The Commission may determine, after furnishing all persons in interest notice and opportunity to be heard and making specific findings of fact to support such determination, that control exists in fact, notwithstanding the absence of a presumption to that effect;
5. "Domestic public utility" means a person doing business in the state, including any other person controlling such a domestic public utility, any substantial portion of the revenues of which, either directly or indirectly, are derived from the business of providing utility service in this state, except that such term does not include agencies, authorities or instrumentalities of the United States or a state or political subdivision of a state;
6. "Person" means an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity or any combination of the foregoing acting in concert, but shall not include any securities broker performing no more than the usual and customary broker's function;
7. "Rural electric cooperative" means a person doing business in the state, pursuant to Section 437.1 et seq. of Title 18 of the Oklahoma Statutes;
8. "Utility service" means the distribution, delivery or furnishing of electric current for sale to the public for light, heat or power;
9. "Assets" in the case of a rural electric cooperative means the physical plant, equipment, accounts receivable, accounts payable, capital credits and all other assets of such rural electric cooperative.
Added by Laws 1987, c. 59, § 1, emerg. eff. April 30, 1987.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.51. Offers, requests, invitations and acquisitions - Conflict of interests - Statement - Approval.

No person shall make an offer for, or enter into any agreement to exchange, seek to acquire, or acquire the assets of a rural electric cooperative regulated by the Corporation Commission if, after the consummation of such action, such person would directly or indirectly, or by conversion or by exercise of any right to acquire, be in control of such rural electric cooperative, and no person shall merge with or otherwise acquire control of a rural electric cooperative, except pursuant to Section 437.13 of Title 18 of the Oklahoma Statutes, unless, at the time any such offer, request or invitation is made or prior to the acquisition of assets, such person has filed with the Commission and has sent to such rural electric cooperative a statement containing the information required by Section 3 of this act and such offer, request, invitation, or acquisition has been approved by the Commission in the manner prescribed in Section 4 of this act.
Added by Laws 1987, c. 59, § 2, emerg. eff. April 30, 1987.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.53. Approval of acquisition of control - Public hearing.

A. The Corporation Commission shall approve any acquisition of control referred to in Section 2 of this act unless, after a public hearing thereon, it finds that one or more of the following conditions will exist if such acquisition of contol is consummated, in which event it shall disapprove such acquisition of control and the same shall not be consummated:
1. The acquisition of control would adversely affect the contractual obligations of the rural electric cooperative or its ability or commitment to render the same level of service to its customers that the rural electric cooperative is currently rendering;
2. The effect of the acquisition of control would be substantially to lessen competition in the furnishing of public utility service in this state;
3. The financial condition of any acquiring party is such as might jeopardize the financial stability of the rural electric cooperative or otherwise prejudice the interest of the rural electric cooperative's customers;
4. The plans or proposals which an acquiring party has to liquidate the rural electric cooperative, sell its assets, or a substantial part thereof, or consolidate or merge it with any person, or to make any other material change in its investment policy, business or corporate structure or management, would be detrimental to the customers of the rural electric cooperative and not in the public interest; or
5. The competence, experience and integrity of the persons who would control the operation of the rural electric cooperative are such that it would not be in the interest of its customers and the public to permit the acquisition of control.
B. The public hearing referred to in subsection A of this section shall be commenced within thirty (30) days after the statement required by Section 2 of this act is filed. The place, date and time for such public hearing shall be set by the Commission and notice thereof shall be given by the Commission to the person filing the statement and to the rural electric cooperative at least twenty (20) days prior to the date of the public hearing. Notice of the public hearing shall be given by the person filing the statement to such other persons and in such manner as may be directed by the Commission at least fifteen (15) days prior to such public hearing. The rural electric cooperative shall give notice to its customers as provided in Section 5 of this act. The public hearing referred to in subsection A of this section shall be concluded within thirty (30) days after the commencement of such hearing. The Commission shall make a determination on the factors specified in subsection A of this section within thirty (30) days after the conclusion of such hearing, and any acquisition of control within the purview of this section shall be deemed approved unless the Commission has, within thirty (30) days after the conclusion of such hearing, entered its order disapproving the acquisition of control.
Added by Laws 1987, c. 59, § 4, emerg. eff. April 30, 1987.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.54. Notice of public hearing - Expenses and security.

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.
Added by Laws 1987, c. 59, § 5, emerg. eff. April 30, 1987.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.55. Domestic public utility - Filing application for 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.
Added by Laws 1987, c. 59, § 6, emerg. eff. April 30, 1987.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.56. Jurisdiction - Copies of lawful process.

The courts of this state are hereby vested with jurisdiction over every person not resident, domiciled or authorized to do business in this state who files or is required to file a statement with the Corporation Commission as required by Section 2 of this act, and over all actions involving such person arising out of violations of this act. Copies of all such lawful process shall be served on the Commission and transmitted by certified or registered mail, with return receipt requested, by the Commission to such person at his last-known address.
Added by Laws 1987, c. 59, § 7, emerg. eff. April 30, 1987.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.57. Corporation Commission power - Expenses of conducting analysis or investigation.

The Corporation Commission shall have power to perform any and all acts, and to prescribe, issue, make, amend and rescind such orders, rules, and regulations as it may find necessary or appropriate to carry out the provisions of this act. The expense of conducting an analysis or investigation by the Commission of the information required to be filed under Section 3 of this act shall be paid by the acquiring party within fifteen (15) days of the public hearing required by Section 4 of this act. Expenses of conducting the analysis or investigation may include, but not be limited to, the cost of acquiring expert witnesses, consultants and analytical services.
Added by Laws 1987, c. 59, § 8, emerg. eff. April 30, 1987.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.58. Violations - Injunctions - Transmitting evidence - 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.
Added by Laws 1987, c. 59, § 9, emerg. eff. April 30, 1987.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.59. Fines and penalties.

A. Any person who willfully and knowingly does or causes to be done any act, matter or thing prohibited or declared to be unlawful by this act, or who willfully and knowingly omits or fails to do any act, matter or thing required by this act to be done, or willfully and knowingly causes such omission or failure, shall, upon conviction thereof, be guilty of a felony punishable by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than two (2) years, or both such fine and imprisonment. In addition, such violation shall be punished upon conviction thereof by a fine not exceeding Five Hundred Dollars ($500.00) for each day during which such offense occurs.
B. Any person who willfully and knowingly violates any rule, regulation, restriction, condition or order made or imposed by the Corporation Commission under authority of this act, shall, in addition to any other penalties provided by law, be punished upon conviction thereof by a fine not exceeding Five Hundred Dollars ($500.00) for each day during which such offense occurs.
Added by Laws 1987, c. 59, § 10, emerg. eff. April 30, 1987. Amended by Laws 1997, c. 133, § 138, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 64, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 138 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.60. Appeals - Precedence.

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.
Added by Laws 1987, c. 59, § 11, emerg. eff. April 30, 1987.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-158.61. Provisions in conflict or inconsistent with 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.
Added by Laws 1987, c. 59, § 12, emerg. eff. April 30, 1987.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-159.11. Definitions.

As used in this act:
(a) "Water Transportation Company" means any person carrying water for compensation through a water transportation line.
(b) "Water Transportation Line" means a pipe or canal or combination thereof and facilities and appliances thereto used for the purpose of transporting or carrying water therein. It includes the plural lines and extensions thereof. It does not include lines and facilities for retail distribution or sale of water or lines and facilities of nonprofit rural water corporations.
(c) "Person" means an individual, firm, association, or corporation.
(d) A water transportation company shall be considered to be a public utility and all laws, rules and regulations applicable to a public utility be applicable to a water transportation company and be subject to continuing supervision.
Laws 1969, c. 109, § 1, emerg. eff. April 1, 1969.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-159.12. Certificate of convenience and necessity required for water transportation lines.

(a) It shall be unlawful for any person to construct, build or equip any water transportation line to serve the public as a common carrier of water without having first obtained from the Corporation Commission of the State of Oklahoma a certificate that the present public convenience and necessity require the operation of such business.
(b) The Commission shall not grant a certificate for the proposed water transportation line which will be in competition with or duplication of any other line serving as a common carrier of water unless it shall first determine that the existing common carrier facilities are inadequate to meet the reasonable needs of the public, or that the person operating the same in unable or refuses or neglects, after hearing on reasonable notice, to provide reasonably adequate service.
Laws 1969, c. 109, § 2, emerg. eff. April 1, 1969.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-159.13. Rules and regulations for applications.

The application for any such certificate provided for in Section 2 shall be under such rules and regulations as the Commission may prescribe; provided, however, that the Commission shall not act upon any application whether now pending or hereafter filed until it shall first have adopted rules and regulations relating to the issuance of such certificates.
Laws 1969, c. 109, § 3, emerg. eff. April 1, 1969.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-159.14. Information to be furnished with application.

In addition to any other requirements of the Commission, the rules of the Commission shall require the applicant to submit with its application the following:
(a) Plans, specifications, maps, surveys, and field notes in such detail and form as the Commission shall prescribe to demonstrate the physical feasibility of the proposed water transportation line and the ability of the applicant to complete the same.
(b) Financial statements in such form and detail as the Commission shall prescribe to demonstrate the estimated cost of the facilities and present financial ability of the applicant to construct and operate the same.
(c) A construction schedule showing the proposed starting and completion dates of the project and its major phases, as well as the date on which the water transportation line will be available for service.
(d) Certification by the Oklahoma Water Resourses Board in such form as the Commission shall prescribe that there are, under the laws of Oklahoma, water permits or rights presently vested in that segment of the public sought to be served by the applicant, adequate to provide the applicant with sufficient traffic to make the proposed water transportation line financially feasible.
(e) Certification by the Oklahoma Water Resources Board in such form as the Commission shall prescribe that the water transportation line to be built, if built in keeping with the proposed plans and specifications, will be safe and not a menace to life and property and will not result in waste through excessive loss of water in transit or storage while in the facilities of the applicant.
(f) Certification by the Oklahoma State Department of Health in such form as the Commission shall prescribe that the water transportation line to be built, if built in keeping with the proposed plans and specifications, will be adequate to protect the water from pollution or degradation while in the facilities of the applicant.
Laws 1969, c. 109, § 4, emerg. eff. April 1, 1969.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-159.15. Notice of receipt of application.

Upon receipt of an application for such certificate, the Commission shall cause notice thereof to be given by certified mail or personal service to the chief executive officer of the municipality or municipalities affected, if any, to the board of county commissioners in any county the line enters or traverses, and to any water transportation company having a water transportation line in any county in which the proposed line is to be built or having a transporation line in any county or counties having a common boundary at any point to any county in which the proposed line is to be built, and shall publish such notice once a week for two (2) consecutive weeks in some newspaper of general circulation in each county affected.
Laws 1969, c. 109, § 5, emerg. eff. April 1, 1969.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-159.16. Power to issue or refuse certificate - Protests.

The Commission shall have power to issue said certificate as prayed for, or to refuse to issue the same, or to suspend or revoke the same, or to issue it for construction, operation, or acquisition of some portion only of the proposed water transportation line.
No certificate shall be issued until the expiration of forty-five (45) days from the date of the first publication of notice, nor shall any certificate be issued without hearing unless no protest is filed to the granting of the certificate by any interested party within such forty-five day period. In the event such protest is filed, then the Commission shall set the matter for public hearing; however, in the event no protest is filed, the Commission, at its discretion, may issue the certificate forthwith or set the matter for public hearing on its own motion.
Laws 1969, c. 109, § 6, emerg. eff. April 1, 1969.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-159.17. Provisions of certificate - Defaults.

Each certificate of convenience and necessity issued by the Commission shall establish time limits within which construction must be started but in no case shall this exceed six (6) calendar months. The certificate shall also establish a time limit within which the certificated water transportation line will be made available for public service. The certificate shall also provide for reports to the Commission at appropriate intervals indicating the progress of construction, the percentage of completion of the major phases of the project, changes in the estimated completion dates, and any other appropriate information which may be required by the Commission.
If the Commission shall determine that the certificate holder appears to be in default as to the time limits set out in the certificate, it shall conduct a hearing, after ten (10) days' notice, and require the certificate holder to show cause why the certificate should not be canceled. If the certificate holder shall show that it is in default for good cause, such as unanticipated engineering difficulty, national emergency making materials unavailable for construction, or other valid reasons over which the certificate holder has no control, the Commission may extend the time set out in the certificate or in any previous extension. In the absence of good cause shown, the certificate shall be canceled.
The Commission shall conduct a hearing to extend such time limits upon application of the certificate holder, and may make extension for good cause shown.
Added by Laws 1969, c. 109, § 7, emerg. eff. April 1, 1969.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-159.18. Assignment of certificate.

Certificates of convenience and necessity issued pursuant to this act or amendments thereto shall not be assigned, leased or alienated in any way except with the consent of the Commission upon the petition of the holder of the certificate, and only then when the physical assets of the water transportation company or that part thereof covered by the certificate are assigned, leased or alienated to the same assignee to assign a certificate of convenience and necessity, the Commission shall 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 the hearing to all persons who are served by the facilities covered by the certificate which is sought to be transferred, and by the publication once a week for two (2) consecutive weeks in a newspaper of general circulation in each county in which the line is located. If at such hearing the Commission finds from competent evidence that the transfer is in the best interest of the public convenience and necessity, it shall permit the certificate to be transferred.
Laws 1969, c. 109, § 8, emerg. eff. April 1, 1969.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-159.19. Rates.

In any proceeding to issue a certificate and in any other proceeding to regulate the rates of a water transportation line 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 of the water transportation line.
Laws 1969, c. 109, § 9, emerg. eff. April 1, 1969.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-159.20. Petition for service.

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 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.
Laws 1969, c. 109, § 10, emerg. eff. April 1, 1969.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-159.21. Administrative Procedures Act to govern - Review.

In the exercise of the authority granted by this act, except as herein expressly provided, the Commission shall be governed by and shall conform to the provisions of the Administrative Procedures Act, Sections 1 through 25, inclusive, Chapter 371, O.S.L.1963 (75 O.S.Supp.1968, Sections 31-325). Judicial review of the Commission's decisions in individual proceedings shall be through appeal to the Supreme Court of Oklahoma and the appeal procedure shall be as set forth in said Administrative Procedures Act.
Laws 1969, c. 109, § 11, emerg. eff. April 1, 1969.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-159.22. Exceptions.

The provisions of this act shall not be applicable to rural water districts created under the provisions of Section 1 et seq., Chapter 266, O.S.L.1963 (82 O.S.Supp.1968, Sections 1301 et seq.) and as thereafter amended; regional water distribution districts created pursuant to 82 O.S., Secs. 1261, et seq.; port authorities; all water conservancy districts; irrigation districts organized for the purpose of transporting water for agricultural purposes; municipal corporations; trusts of which governmental units or subdivisions are beneficiaries; private individuals or corporations operating water transportation lines to carry water for their own use and not for sale to the public; or federal or state agencies involved in water transportation projects.
Laws 1969, c. 109, § 12, emerg. eff. April 1, 1969.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-160.2. Existing trusts to submit certain information - Rate 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.
Laws 1975, c. 291, § 2, emerg. eff. June 5, 1975.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-160.12. Legislative findings.

The Legislature finds that:
1. Oklahoma’s wind energy resources are an important asset for the continued economic growth of the state and for the provision of clean and renewable power to both the people of the state and the nation as a whole;
2. Promotion of the development of wind energy resources is important to the economic growth of the state;
3. The prudent development of wind energy resources requires addressing the relationship of the needs of wind energy developers with those of the mineral estate owners who have the historical right to make reasonable use of the surface estate, including the right of ingress and egress therefor, for the purpose of exploring, severing, capturing and producing the minerals as reflected in the Exploration Rights Act of 2011, Sections 3 through 7 of this act, and balancing the needs of wind energy developers with those of the landowners who provide access to the wind energy resource, including assurances that wind turbines and wind energy facilities will be properly decommissioned, that they will have access to adequate information to verify the accuracy of their payments, and that they will be adequately protected against hazards and accidents that may arise from the wind turbines or wind energy facilities;
4. The conversion of wind energy into power for utility-scale systems frequently requires large wind energy systems consisting of wind turbines, electrical substations, electrical lines, and other supporting systems;
5. Wind energy facilities, if abandoned or not properly maintained, could pose a hazard to public health, safety, and welfare through mechanical failures, electrical hazards, or the release of hazardous substances; and
6. To protect the public against health and safety hazards, standards for the safe decommissioning of wind energy facilities should be established and assurance of adequate financial resources should be given so that the wind energy systems can be properly decommissioned at the end of their useful life.
Added by Laws 2010, c. 319, § 2, eff. Jan. 1, 2011. Amended by Laws 2011, c. 197, § 2.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-160.13. Definitions.

As used in the Oklahoma Wind Energy Development Act:
1. “Abandonment” means the failure to generate electricity from commercial wind energy equipment for a period of twenty-four (24) consecutive months for reasons other than curtailment, repowering, a valid judicial order or other governmental regulatory action, with no pending negotiations for purchase. A wind energy facility shall not be considered abandoned if the owner or operator has elected not to run the facility, but it has been maintained in proper working order and is capable of generating electricity;
2. “Commencement of construction” means beginning excavation of wind turbine foundations or other actions relating to the actual erection and installation of commercial wind energy equipment. It shall not include erection of meteorological towers, environmental assessments, surveys, preliminary engineering or other activities associated with assessment of development of the wind resources on a given parcel of property;
3. “Commercial generation date” means the date on which the wind turbine in question first generates electrical energy in commercial quantities;
4. “Commercial wind energy equipment” means a wind tower and turbine with five hundred kilowatts (500kw) or greater of total nameplate generating capacity;
5. “Commercial quantities” means an amount of electrical energy sufficient for sale or use off-site from a wind turbine or wind energy facility, and shall not include amounts of electrical energy used only for the maintenance or testing of the wind turbine or wind energy facility itself;
6. “Owner” means the entity having a majority equity interest in commercial wind energy equipment, including their respective successors and assigns;
7. “Useful life” means the time during which a wind turbine or wind energy facility is generating electricity in commercial quantities;
8. “Wind turbine” means a wind energy conversion system which converts wind energy into electricity through the use of a wind turbine generator and includes the turbine, blade, tower, base and pad transformer, if any; and
9. “Wind energy facility” means an electrical generation facility consisting of one or more wind turbines under common ownership or operating control, and includes substations, meteorological data towers, aboveground and underground electrical transmission lines, transformers, control systems, and other buildings or facilities used to support the operation of the facility, and whose primary purpose is to supply electricity to an off-site customer or customers. Wind energy facility shall not include a wind energy facility located entirely on property held in fee simple absolute estate by the owner of the wind energy facility.
Added by Laws 2010, c. 319, § 3, eff. Jan. 1, 2011.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-160.14. Decommissioning of wind energy facility.

A. The owner of a wind energy facility shall be responsible, at its expense, for the proper decommissioning of the facility upon abandonment or the end of the useful life of the commercial wind energy equipment in the wind energy facility.
B. Proper decommissioning of a wind energy facility shall include:
1. Removal of wind turbines, towers, buildings, cabling, electrical components, foundations and any other associated facilities, to a depth of thirty (30) inches below grade; and
2. Disturbed earth being graded and reseeded or otherwise restored to substantially the same physical condition as existed prior to the construction of the wind energy facility by the owner, excluding roads, unless the landowner specifically requests in writing that the roads or other land surface areas be restored.
C. The decommissioning of the wind energy facility, or individual pieces of commercial wind energy equipment, shall be completed as follows:
1. By the owner of the wind energy facility within twelve (12) months after abandonment or the end of the useful life of the commercial wind energy equipment in the wind energy facility; and
2. If the owner of the wind energy facility fails to complete the decommissioning within the period prescribed in paragraph 1 of this subsection, the Corporation Commission shall take such measures as are necessary to complete the decommissioning.
D. A lease or other agreement between a landowner and an owner of a wind energy facility may contain provisions for decommissioning that are more restrictive than provided for in this section.
Added by Laws 2010, c. 319, § 4, eff. Jan. 1, 2011.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-160.14A. Renewable energy recycling facilities — Annual report — Evidence of financial security.

A. The owner of a renewable energy recycling facility shall submit an annual report to the Public Utility Division of the Corporation Commission no later than February 1 of each calendar year for the immediately preceding calendar year. The report shall include a current total inventory of renewable energy components accepted for recycling, but not yet recycled, as of the end of the reporting period and an estimated timeline for the finality of recycling of those renewable energy components. The report shall also include the estimated costs for completing the recycling of the reported inventory within the estimated timeline. Provided, the estimated costs associated with the recycling of wind turbine blades shall be reported independently from the aggregate cost estimate. The report shall be submitted in the manner and form prescribed by the Commission.
B. The owner of a renewable energy recycling facility shall submit to the Public Utility Division of the Commission evidence of financial security to cover the anticipated costs of recycling the reported inventory, including wind turbine blades, during the upcoming calendar year. Evidence of financial security may be in the form of a surety bond, collateral bond, parent guaranty, cash, cashier’s check, certificate of deposit, bank joint custody receipt, or other approved negotiable instrument as established in rules promulgated by the Corporation Commission. Evidence of financial security shall be submitted within ninety (90) days of the renewable energy recycling facility taking control of any renewable energy components to be recycled.
C. The amount of financial security shall be one hundred twenty-five percent (125%) of the estimated total cost of recycling reported pursuant to subsection A of this section.
D. The Public Utility Division of the Commission shall post on the website of the Commission a list of those renewable energy recycling facilities that have submitted the report and evidence of financial security in accordance with the provisions of this section. An owner of a wind farm operation that chooses to send wind turbine blade renewable energy components to a third-party recycling facility located in this state shall utilize renewable energy recycling facilities listed on the Commission website.
E. If the owner of a recycling facility fails to submit the information required by this section, the owner shall be subject to an administrative penalty not to exceed Five Hundred Dollars ($500.00) per day.
F. Each recycling facility shall submit an annual registration fee of One Thousand Dollars ($1,000.00) per year to the Commission at the time of the annual report filing to cover the cost of implementing the provisions of this section.
Added by Laws 2023, c. 345, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-160.16. Statement to landowner.

For those landowners who are paid based on the amount of electrical energy produced from the conversion of wind energy, the owner or operator of any wind turbine or wind energy facility shall provide a statement within ten (10) business days of the payment to the landowner in consideration for the use of the property of the landowner to generate electrical energy from the conversion of wind energy. The statement shall provide, at a minimum, information reasonably necessary to provide the landowner an understanding of the basis for the payment to the landowner and a means of confirming its accuracy.
Added by Laws 2010, c. 319, § 6, eff. Jan. 1, 2011.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-160.17. Inspection of records.

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.
Added by Laws 2010, c. 319, § 7, eff. Jan. 1, 2011.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-160.18. Report to Corporation Commission.

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.
Added by Laws 2010, c. 319, § 8, eff. Jan. 1, 2011.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-160.19. Insurance policies.

A. Prior to commencing construction of a wind energy facility, the owner or operator of a wind turbine or wind energy facility shall obtain and keep in effect either a:
1. Commercial general liability insurance policy with a limit consistent with prevailing industry standards; or
2. Combination of self insurance and an excess liability insurance policy.
B. The owner or operator shall cause the owner of the land where the wind turbine or wind energy facility is located to be named as an additional insured in the policy.
C. The owner or operator shall deliver to the landowner a certificate of insurance evidencing the policy. The landowner shall be given at least thirty (30) days prior notice of any material modification, cancellation or termination of the insurance.
Added by Laws 2010, c. 319, § 9, eff. Jan. 1, 2011.