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2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-190.21. Joint Electric Utility Restructuring Task Force.

A. There is hereby created a Joint Electric Utility Restructuring Task Force which shall be composed of the members of the Oklahoma State Senate Energy and Environment Committee and the Oklahoma House of Representatives Energy and Technology Committee and the Chair of the Corporation Commission, or designee. The task force shall be jointly chaired by the chairs and co-chairs of the Senate and House committees.
B. A majority of the members serving on the task force shall constitute a quorum. The task force shall meet at such times and places as it deems necessary to perform its duties as specified herein. Meetings shall be at the call of the chairs.
C. The task force shall study the following issues:
1. The ability of a municipality to annex and serve customers inside the territory of another electric provider;
2. The condemnation and re-use of electric facilities;
3. The statutory prohibition on consumer switching electric service providers established in Section 190.7 of Title 17 of the Oklahoma Statutes;
4. Court rulings and pending litigation filed as a result of interpretations of the Electric Restructuring Act of 1997, Sections 190.1 et seq. of Title 17 of the Oklahoma Statutes;
5. The effect of regional transmission organizations on the electric generation marketplace;
6. The impact of changes in other states in our region and nationwide relating to retail choice of electric services by consumers;
7. Other issues the task force deems necessary to adequately study electric restructuring in this state.
D. The task force shall solicit the input of all stakeholders involved in the provision and consumption of electric service. To further enhance such participation, the task force may appoint advisory councils made up of representatives of various stakeholders or invite any other persons as needed to advise the task force in any matter they deem appropriate and necessary.
E. Members of the task force shall be reimbursed by their appointing authorities for necessary travel expenses incurred in the performance of their duties in accordance with Section 456 of Title 74 of the Oklahoma Statutes.
F. The Oklahoma State Senate and House of Representatives shall provide such staff support as is required by the task force and any other state agency shall provide support as requested by the task force.
G. The task force may issue any reports it deems necessary and appropriate and may make any legislative recommendations available to the Governor and the Legislature. The Legislature shall review any reports or recommendations developed by the task force. Final authority relating to the implementation of any recommended statutory revisions shall reside with the Legislature.
H. The task force shall remain in effect and operate as herein directed until its termination which shall be no later than December 1, 2009. The task force may elect, by majority vote, to terminate its operations at an earlier date if it deems such action appropriate.
Added by Laws 2007, c. 117, § 2, emerg. eff. May 9, 2007.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-191.2. Procedure for acquisition, control or merger of certain domestic public utilities.

No person, other than the issuer of the securities of the domestic public utility or an affiliate of such an issuer, shall make a tender offer for, request or invite tenders of, or enter into any agreement to exchange, seek to acquire, or acquire, in the open market or otherwise, any voting security of a domestic public utility regulated by the Corporation Commission or any holding company controlling such domestic public utility if, after the consummation of such action, such person would, directly or indirectly, or by conversion or by exercise of any right to acquire, be in control of such domestic public utility or holding company, and no person shall merge with or otherwise acquire control of a domestic public utility or holding company unless the acquiring party is an affiliate of such domestic public utility or holding company or unless, at the time any such offer, request or invitation is made or any such merger is consummated, or prior to the acquisition of such securities if no offer or agreement is involved, such person has filed with the Commission and has sent to such domestic public utility or holding company, a statement containing the information required by Section 191.3 of this title and such offer, request, invitation, merger or acquisition has been approved by the Commission in the manner prescribed in Section 191.5 of this title. The Commission may modify the aforementioned procedures to the extent necessary to conform to the requirements of Regulation 14D under the Securities Exchange Act of 1934, 15 U.S.C. Sections 78a-78jj, as amended.
Added by Laws 1983, c. 292, § 2, eff. Nov. 1, 1983. Amended by Laws 2004, c. 196, § 2, emerg. eff. May 4, 2004.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-191.4. Combination of statements.

If any offer, request, invitation, merger or acquisition referred to in Section 2 of this act is proposed to be made by means of a registration statement under the Securities Act of 1933, 15 U.S.C. Sections 77a through 77aa, as amended, including rules and regulations promulgated thereunder, or in circumstances requiring disclosure of similar information under the Securities Exchange Act of 1934, 15 U.S.C. Sections 78a through 78jj, as amended, including rules and regulations promulgated thereunder, or under a state law, including rules and regulations promulgated thereunder, requiring similar registration or disclosure, the person required to file the statement referred to in Section 2 of this act may incorporate information contained in the documents filed under the above-mentioned statutes into said statement by attaching the other documents to the statement filed under this act and making specific reference to the information provided by said attached documents.
Added by Laws 1983, c. 292, § 4, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-191.6. Notice of hearing - Bond for payment of expenses.

Notice, in a form to be specified by the Corporation Commission, of the public hearing to be held pursuant to Section 5 of this act shall be mailed, or shall be given in such other manner as may be determined by the Commission, by the domestic public utility 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 1983, c. 292, § 6, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-191.7. Certain domestic public utilities to file application for approval of acquisition, control or merger with Commission - Factors for approval or disapproval - Review - Exemption from certain provisions of act.

If the acquiring party is a domestic public utility, and the domestic public utility, 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 5 of this act, subject to judicial review as provided in Section 12 of this act, but the other provisions of this act shall not apply to such transaction.
Added by Laws 1983, c. 292, § 7, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-191.8. Court jurisdiction - Agent for service of 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. The Commission shall be the agent for service of process for any such person in any action, suit or proceeding 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 1983, c. 292, § 8, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-191.9. Powers of Corporation Commission - 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 5 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 1983, c. 292, § 9, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-191.10. Injunctions - Bond not required - Evidence.

Whenever it shall appear to the Corporation Commission, the Attorney General or a domestic public utility which reasonably believes itself to be the object of a tender offer or attempt to obtain control as described in Section 2 of this act, that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this act, or of any rule, regulation or order thereunder, the Commission, the Attorney General or the domestic public utility may bring an action in the district court in and for Oklahoma County, State of Oklahoma, to enjoin such acts or practices and to enforce compliance with this act or any rule, regulation or order thereunder, and upon a proper showing being made a restraining order or temporary or permanent injunction shall be granted without bond. The Commission, the Attorney General and the domestic public utility shall transmit such evidence as may be available concerning such acts or practices or concerning apparent violations of this act to the District Attorney for Oklahoma County, who, in his discretion, may institute appropriate criminal proceedings.
Added by Laws 1983, c. 292, § 10, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-191.11. Violations - 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. 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 1983, c. 292, § 11, eff. Nov. 1, 1983. Amended by Laws 1997, c. 133, § 139, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 65, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 139 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-191.12. Appeal to Supreme Court.

Any party adversely affected by any action of the Corporation Commission under the provisions of this act may appeal to the Supreme Court in the manner now provided in Article IX, Section 20 of the Constitution of the State of Oklahoma. All cases appealed to the Supreme Court from an action of the Commission as herein provided shall have precedence therein as provided in Article IX, Section 21 of the Constitution of the State of Oklahoma.
Added by Laws 1983, c. 292, § 12, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-191.13. Provisions in conflict or inconsistent with Oklahoma Constitution.

If this act, Section 191.1 et seq. of this title, or any provision hereof is, or may be deemed to be, in conflict or inconsistent with any of the provisions of Section 18 through Section 34, inclusive, of Article IX of the Constitution of the State of Oklahoma, then, to the extent of any such conflicts or inconsistencies, it is hereby expressly declared this entire act and this section are amendments to and alterations of said sections of the Constitution, as authorized by Section 35 of Article IX of said Constitution.
Added by Laws 1987, c. 36, § 2, emerg. eff. April 22, 1987.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-200. Legislative intent - Competition.

It is the intent of the Legislature that competition be allowed in all areas of radio common carrier communications.
Added by Laws 1987, c. 16, § 1, emerg. eff. April 13, 1987. Amended by Laws 1996, c. 331, § 5, emerg. eff. June 12, 1996.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-201. Definition.

The term "radio common carrier" shall include every person, firm, corporation or other legal entity operating or managing a radio system engaged in the business of furnishing for public use one-way or two-way radio communications and cellular telephone service and paging service.
Amended by Laws 1987, c. 16, § 2, emerg. eff. April 13, 1987.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-202. Authorization to enter business.

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.
Amended by Laws 1987, c. 16, § 3, emerg. eff. April 13, 1987.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-206. Amendments and alterations to Constitution - Legislative intent.

It is the intention of the Legislature that Sections 1 through 4 of this act are amendments to, and alterations of Sections 18 through 34, inclusive, of Article IX of the Constitution of the State of Oklahoma, as authorized by Section 35, Article IX of said Constitution.
Added by Laws 1987, c. 16, § 5, emerg. eff. April 13, 1987.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-252. Monitoring of fuel adjustment clauses.

Whenever the Commission approves a fuel adjustment clause pursuant to this act, the clause shall apply to all similar public utilities affected by such increased costs. In addition, the Commission shall continually monitor and oversee the application of the fuel adjustment clauses. The Commission shall hold a public hearing thereon whenever it deems it necessary, but no less frequently than once every twelve (12) months. If the Commission finds that the charges or credits are not based upon the actual prices paid for fuel, purchased gas or purchased power, or are not properly computed in accordance with the applicable adjustment clause, it shall recompute the charges or credits and shall direct the public utility to take such action as may be required to insure that the charges or credits properly reflect the actual prices paid for fuel, purchased gas or purchased power and are properly computed in accordance with the applicable adjustment clause for the applicable period. The fuel adjustment clause may be amended upon a finding of changed circumstances by the Commission but shall not be wholly discontinued or suspended except by order of the Commission after notice and hearings for the utilities affected have been rendered.
Laws 1977, c. 252, § 3, emerg. eff. June 15, 1977; Laws 1991, c. 332, § 2, eff. July 1, 1991.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-254. Disclosure in customer bills.

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.
Laws 1977, c. 252, § 5, emerg. eff. June 15, 1977.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-255. Preexisting clauses to continue.

Any fuel adjustment clause approved and in effect for any public utility 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, but the operation of such preexisting clauses, unless suspended by order of the Commission after due notice and hearing shall continue in the case of each company until a final decision, no longer subject to judicial review, has been rendered by the Commission with respect to such clauses.
Laws 1977, c. 252, § 6, emerg. eff. June 15, 1977.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-257. Electric generation cooperatives - Report of fuel adjustment clauses.

Electric generation cooperatives which determine to utilize a fuel adjustment clause shall report such fuel adjustment clause to the Commission. The Commission shall promulgate reasonable rules requiring each such cooperative to file monthly with the Commission, the following:
1. A report of adjustments charged or credited to its wholesale electric customers on its current monthly billing;
2. A statement of the items and costs making up the average cost of fuel per million BTU and associated costs in dollars and cents or fraction thereof;
3. A summary of its fuel and gas purchase invoices and its computation of the proposed monthly fuel adjustment charges;
4. A summary of inventory records of fuel going into and taken out of stockpile or storage;
5. A report containing the average unit price, the change in the average unit price, the volume purchased and a brief explanation of any change in such unit cost; and
6. Any other records pertaining to fuel adjustment charges deemed necessary by the Commission including, but not limited to, the heat-rate efficiency and delivery efficiency for affected electric generating cooperatives and the actual capacity factor for each generating facility utilized to produce electric power. The records and computations provided for in this section shall be open to public inspection at the office of the Commission.
Added by Laws 1977, c. 252, § 8, emerg. eff. June 15, 1977. Amended by Laws 1981, c. 272, § 6, eff. July 1, 1981; Laws 1998, c. 364, § 10, emerg. eff. June 8, 1998.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-258. Approval of purchased power adjustment clauses.

A. No purchased power adjustment clause of any kind shall apply nor be used in computing bills for retail electric service which has not been first approved by the Commission.
B. If the Commission finds that the changed price of purchased wholesale power required for distribution by any electric distribution cooperative threatens the ability of the cooperative to earn a reasonable rate of return, the Commission may, after investigation and public hearing, approve a suitable purchased power adjustment clause to be superimposed upon the existing retail electric rate schedules of the cooperative and designed only to recapture such increased costs of wholesale power.
C. The Commission shall design the purchased power adjustment clause to allow the electric distribution cooperative to increase or decrease its charges for retail electric service as provided in its approved electric rates only for the changes in the cost of purchased power when the price of such purchased power differs from the price which is reflected in its basic approved retail rates. It shall include in a purchased power adjustment clause an allowance for line losses if a preponderance of evidence points to the probable conclusion that failure to do so will result in less than a reasonable rate of return for the cooperative.
Laws 1977, c. 252, § 9, emerg. eff. June 15, 1977.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-259. Monitoring of application of adjustment clauses.

Whenever the Commission approves a purchased power adjustment clause pursuant to Section 258 of this title, the clause shall apply to all similar distribution cooperatives affected by such increased costs. In addition, the Commission shall continually monitor and oversee the application of the adjustment clauses. The Commission shall hold a public hearing thereon whenever it deems it necessary, but no less frequently than once every twelve (12) months. The Commission shall undertake such other investigation thereof as is necessary to determine whether:
1. Charges or credits made under the adjustment clauses are based upon the actual prices paid for purchased power, are properly computed in accordance with the applicable adjustment clause, and that portion representing fuel adjustment charges made by an electric generation cooperative are fair, equitable and properly computed; or
2. Whether the purchased power adjustment clause should be amended, suspended or discontinued.
If the Commission finds that the charges or credits are not based upon the actual prices paid for purchased power, or are not properly computed in accordance with the applicable adjustment clause, it shall recompute the charges or credits. Appropriate adjustments shall then be ordered by the Commission in the amount used in calculating the power adjustment charge for one (1) or more succeeding months under the purchased power adjustment clause by the electric distribution cooperative making the error. The purchased power adjustment clause may be amended upon a finding of changed circumstances by the Commission, but shall not be wholly discontinued or suspended except by order of the Commission after due notice and hearings for the cooperatives affected have been rendered.
Laws 1977, c. 252, § 10, emerg. eff. June 15, 1977; Laws 1991, c. 332, § 4, eff. July 1, 1991.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-260. Disclosure of per unit rate in consumer's bill.

Each electric distribution cooperative applying a purchased power adjustment charge in its bills shall separately disclose the per unit rate of the purchased power adjustment charge. Upon request by any individual consumer, such cooperative shall also disclose for the month for which the request is received:
1. The dollars and cents of the purchased power adjustment charge; and
2. The base cost of purchased power included in the retail rate.
Laws 1977, c. 252, § 11, emerg. eff. June 15, 1977.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-261. Preexisting purchased power adjustment clauses.

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.
Laws 1977, c. 252, § 12, emerg. eff. June 15, 1977.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-263. Periodic detailed rate investigations.

A. In order to assure that the rates charged to their customers by public utilities and electric distribution cooperatives which utilize fuel adjustment clauses or purchased power adjustment clauses are just and reasonable, the Commission shall periodically conduct detailed rate investigations of such utilities and cooperatives.
The provisions of this subsection shall not prohibit or otherwise restrict the authority of the Corporation Commission to conduct, whenever necessary, an investigation or review of any such utility or electric distribution cooperative. In addition, this section shall not limit or restrict such utility from requesting and receiving a rate review upon proper application to the Commission.
B. Such investigations shall include public hearings. In such rate investigations or proceedings, income, expenses and investments of affiliated persons, subsidiaries, firms or corporations and emergency and off-system sales of electricity or gas shall be given appropriate consideration by the Commission in determining the financial requirements of the utility or cooperative.
C. However, nothing in this section shall be interpreted to require any public utility or electric cooperative to submit itself to the authority of the Commission for ratemaking purposes if it is not so required by other statutory or constitutional provisions.
Laws 1977, c. 252, § 14, emerg. eff. June 15, 1977; Laws 1987, c. 17, § 2, emerg. eff. April 13, 1987; Laws 1993, c. 231, § 3, emerg. eff. May 26, 1993.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-270. Natural Gas Policy Act of 1978 - Power and duties of Corporation Commission - Applications for determinations - Fees.

In order to implement the Natural Gas Policy Act of 1978 (Public Law 95-621), the Corporation Commission is hereby authorized to process applications for determinations as provided for in the rules and regulations issued by the Federal Energy Regulatory Commission. The Corporation Commission shall possess such powers and perform such acts as are necessary to comply with the Natural Gas Policy Act of 1978 (Public Law 95-621). The Corporation Commission shall charge a filing fee of Twenty-five Dollars ($25.00) per well for a well category determination or determinations under the Natural Gas Policy Act of 1978. All filing fees charged and collected hereunder shall be deposited daily with the State Treasurer and shall be credited and apportioned to the Oil and Gas Revolving Fund.
Added by Laws 1979, c. 2, § 1, emerg. eff. March 19, 1979. Amended by Laws 1997, c. 275, § 3, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-271. Appeals.

Appellate jurisdiction is hereby conferred upon the Supreme Court of this state to review the procedures employed by the Commission to carry out the provisions of this act and the Federal Natural Gas Policy Act of 1978, in the same manner and time as appeals are allowed by law from orders of the Commission in exercising their powers under the Oil and Gas Conservation Act. Such appeal may be taken by any person shown by the record to be interested therein.
Laws 1979, c. 2, § 2, emerg. eff. March 19, 1979.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-281. Responses to discovery requests.

A. In a public utility proceeding subject to subsection B of Section 152 of Title 17 of the Oklahoma Statutes, responses to any document request, data request or interrogatory shall be due within ten (10) business days from the date of receipt, unless an objection is filed or the parties agree in writing to a different response time.
B. In any other public utility proceeding, responses to any document request, data request or interrogatory shall be due no later than twenty (20) days after service of the document or data request or interrogatory, unless an objection is filed or the parties agree in writing to a different response time.
C. The Commission may allow a shorter or longer time for response for good cause shown, but in no event may the Commission order a response to be served in less than ten (10) business days, except as otherwise agreed by the parties.
D. Any request or interrogatory received after 3:00 p.m. shall be deemed received on the next regular business day.
Added by Laws 1994, c. 315, § 7, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-282. Settlement conferences.

A. In any contested public utility rate proceeding, the Corporation Commission shall at the request of any of the parties, order a settlement conference among the parties, to be held at a time and place to be fixed by the Commission. Provided, however, that the Commission may terminate any settlement conference, upon a motion by any party, if it finds that any party is failing to participate in the process in good faith or that there is no probability of settlement.
B. An individual designated by the Commission with the concurrence of the utility and the Attorney General will preside as settlement judge at the settlement conference. The settlement judge shall take no part in adjudicating the case subsequent to the settlement conference.
C. Scheduling of settlement conferences will not continue, delay, or otherwise interfere with scheduling dates set pursuant to a scheduling order. Likewise, the scheduling dates set at the prehearing or scheduling conference will not affect the date of a settlement conference set pursuant to a separate settlement conference order.
D. At least one attorney who is fully familiar with the proceeding or cause shall appear for each party. A person or representative with full settlement authority shall accompany the attorney to the settlement conference. The settlement judge presiding over the settlement conference may make such other and additional requirements of the parties as shall be deemed proper in order to expedite an amicable resolution of the case. The settlement authority of the Public Utility Division of the Corporation Commission shall be extended from the director of that division.
E. Any settlement reached by the parties shall be subject to the approval of the Commission.
F. All matters discussed at a settlement conference, and any materials which may be distributed in connection with a settlement conference, shall be considered privileged and confidential. Accordingly, all such matters and materials shall not be admissible in any public utility rate proceeding, and shall not be disclosed to the Commission, except for any settlement reached by the parties which is submitted to the Commission for approval under subsection E of this section.
Added by Laws 1994, c. 315, § 8, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-283. Exit conferences.

The Public Utility Division Director shall designate personnel with at least five (5) years' experience in public utility ratemaking, and with managerial responsibility for and knowledge of the issues raised in the audit, to conduct an exit conference on behalf of the Public Utility Division. The Public Utility Division representative shall conduct an exit conference with designees of the utility being audited, within ten (10) days of the audit's conclusion. At the exit conference, the preliminary draft of the audit findings should be discussed. An exit conference memorandum, identifying all matters discussed at the exit conference shall be approved by the Director of the Public Utility Division. The exit memorandum shall be maintained with any audit records of the Corporation Commission and shall be available to any party upon request.
Added by Laws 1994, c. 315, § 9, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-284. Rate increase applications - Effect given to known and measurable changes.

In its review and examination of an application by a utility to change its rates and charges pursuant to Sections 137, 152 or 158.27 of Title 17 of the Oklahoma Statutes, and in any order resulting therefrom, the Corporation Commission shall give effect to known and measurable changes occurring or reasonably certain to occur within six (6) months of the end of the test period upon which the rate review is based.
Added by Laws 1994, c. 315, § 10, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-285. Communications between utilities and customers.

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.
Added by Laws 1994, c. 315, § 11, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-287. Development of wind energy - Expansion of transmission capacity.

A. The Legislature declares that it is in the public interest to promote the development of a robust transmission grid to facilitate delivery of renewable energy and improve reliability of the electric transmission system. It is further in the public interest, in cooperation with electricity transmission entities and the Southwest Power Pool, to promote wind-energy development in the state to the extent that the renewable energy generated from wind can be utilized in every part of the state and exported to other states.
B. The Legislature and the Corporation Commission shall work with the Southwest Power Pool to develop a plan to expand transmission capacity in the state and monitor the construction of new transmission facilities in the state through the year 2020. The Commission shall report on the progress in expanding transmission capacity by January 1, 2014, and January 1, 2017, with a final report issued by January 1, 2020.
Added by Laws 2010, c. 283, § 7, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-291. Definitions.

As used in this act:
1. "Commission" means the Corporation Commission;
2. "Incumbent electric transmission owner" means any Oklahoma electric public utility, as recognized by the Commission, or its affiliates, or subsidiaries or any electric cooperative, any municipal power agency or any municipal utility that owns, operates and maintains an electric transmission facility in this state or any public utility, as recognized by the Commission, that is engaged in the development of an electric transmission facility in the state as of the effective date of this act;
3. "Local electric transmission facility" means a high-voltage transmission line or high-voltage associated transmission facilities with a rating of greater than sixty-nine (69) kilovolts and less than three hundred (300) kilovolts; and
4. "Southwest Power Pool" means the Southwest Power Pool or any federally recognized successor entity.
Added by Laws 2013, c. 355, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-292. Rights of electric transmission owner.

A. An incumbent electric transmission owner has the right to construct, own and maintain a local electric transmission facility that has been approved for construction in a Southwest Power Pool transmission plan and will interconnect to facilities owned by that incumbent electric transmission owner. An incumbent electric transmission owner has the right to construct, own and maintain:
1. A new local electric transmission facility that connects to electric transmission facilities owned by the incumbent; and
2. Upgrades to the existing local electric transmission facilities of the incumbent.
B. The right to construct, own and maintain a local electric transmission facility that will interconnect to facilities owned by two or more incumbent electric transmission owners belongs individually and equally to each incumbent electric transmission owner, unless otherwise agreed upon in writing by the incumbent electric transmission owners.
C. Nothing in this section is intended to affect an incumbent electric transmission owner’s use and control of its existing property rights including the incumbent electric transmission owner’s ability to assign its rights to construct, own and maintain a local electric transmission facility described in subsection A of this section. The retention, modification or transfer of existing property rights of an incumbent electric transmission owner and the rights described in subsection A of this section shall remain subject to the relevant state law or regulation recognizing the property right.
Added by Laws 2013, c. 355, § 2, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-293. Local electric transmission facility.

A. If the Southwest Power Pool has approved a local electric transmission facility in a Southwest Power Pool transmission plan and has formally directed the incumbent electric transmission owner or owners, if there is more than one owner, to construct, own and maintain the local electric transmission facility, the incumbent electric transmission owner or owners shall give notice to the Southwest Power Pool, in writing, within ninety (90) days of receipt of the direction to construct by the Southwest Power Pool, regarding its intent to construct, own and maintain the local electric transmission facility. If notice is not provided, the incumbent electric transmission owner shall surrender its right to construct, own and maintain the local electric transmission facility.
B. If an incumbent electric transmission owner or owners give notice of intent not to construct the local electric transmission facility or fail to provide notice as required in subsection A of this section, then the Southwest Power Pool may determine whether the incumbent electric transmission owner or owners or other entity will construct, own and maintain the local electric transmission facility.
C. Nothing in this section is intended to limit the ability of any person to notify the Southwest Power Pool that it believes an incumbent electric transmission owner with the right to construct, own and maintain a local electric transmission facility originally approved by the Southwest Power Pool has failed to exercise its right to construct, own and maintain the local electric transmission facility within a reasonable period of time and request that the Southwest Power Pool rescind the right to construct, own and maintain the local electric transmission facility and assign the rights to another incumbent electric transmission owner.
Added by Laws 2013, c. 355, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-301. Short title – Oklahoma Petroleum Storage Tank 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.
Added by Laws 1989, c. 90, § 1, emerg. eff. April 21, 1989. Amended by Laws 1993, c. 344, § 1, emerg. eff. June 9, 1993; Laws 1998, c. 375, § 7, emerg. eff. June 9, 1998; Laws 2018, c. 27, § 1, eff. Nov. 1, 2018; Laws 2019, c. 82, § 1, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-304. Exemptions.

The provisions of the Oklahoma Petroleum Storage Tank Consolidation Act shall not apply to:
1. Septic tank systems;
2. Pipeline facilities;
3. Surface impoundments, pits, ponds or lagoons;
4. Stormwater and wastewater collection systems;
5. Flow-through process tank systems;
6. Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations;
7. Hydraulic lift tank systems;
8. Hydrogen storage tank systems;
9. Storage tank systems with a capacity of less than one hundred ten (110) gallons;
10. Fleet and commercial aboveground storage tanks with an individual capacity of two thousand one hundred (2,100) gallons or less;
11. Storage tank systems with a de minimus concentration of regulated substances;
12. Storage tank systems that serve as emergency backup tanks, provided that such backup tanks hold regulated substances for only a short period of time and are expeditiously emptied after each use. The provisions of this paragraph shall not prevent Corporation Commission notification requirements and such other restrictions as may be deemed necessary by the Commission to protect the environment;
13. Farm or residential underground storage tanks with an individual capacity of one thousand one hundred (1,100) gallons or less used for noncommercial purposes;
14. Underground storage tanks used for storing heating oil for consumptive use on the premises where stored;
15. Storage tank systems storing hazardous wastes regulated under Subtitle C of the federal Solid Waste Disposal Act, 42 U.S.C., Section 6921 et seq., or substances regulated as hazardous wastes under the Oklahoma Hazardous Waste Management Act; and
16. Fuel storage facilities and associated equipment used in wholesale or bulk distribution activities that are supplied by a pipeline and from which fuel may be removed at a rack.
Added by Laws 1989, c. 90, § 4, emerg. eff. April 21, 1989. Amended by Laws 1992, c. 403, § 2, eff. Sept. 1, 1992; Laws 1993, c. 344, § 3, emerg. eff. June 9, 1993; Laws 1994, c. 352, § 2, emerg. eff. June 9, 1994; Laws 1998, c. 375, § 10, emerg. eff. June 9, 1998; Laws 2006, c. 28, § 2, emerg. eff. April 11, 2006; Laws 2007, c. 109, § 1, emerg. eff. May 8, 2007; Laws 2018, c. 27, § 4, eff. Nov. 1, 2018; Laws 2022, c. 72, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-305. Corporation Commission and Department of Environmental Quality designated as state agencies to administer certain federal programs.

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.
Added by Laws 1989, c. 90, § 5, emerg. eff. April 21, 1989. Amended by Laws 1992, c. 406, § 1, emerg. eff. June 11, 1992; Laws 1998, c. 375, § 11, emerg. eff. June 9, 1998; Laws 2000, c. 364, § 7, emerg. eff. June 6, 2000.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-306.1. Tanks containing petroleum products used for agricultural purposes - Permit fee.

Owners of storage tank systems over eleven hundred (1100) gallons containing regulated substances when the regulated substances are used for agricultural purposes and not for resale shall be required to pay a permit fee of not more than Ten Dollars ($10.00) per tank per year.
Added by Laws 1991, c. 181, § 8, eff. July 1, 1991. Amended by Laws 2005, c. 435, § 3, eff. Nov. 1, 2005.
2023 Oklahoma Statutes › Title 17. Corporation Commission › §17-308.1. Storage tank systems for regulated substances - Permit fees - Penalties.

A. An annual permit fee of not more than Twenty-five Dollars ($25.00) per tank shall be assessed by the Corporation Commission upon each owner or operator of a storage tank system for regulated substances. Such fee shall be assessed upon each storage tank or storage tank compartment owned or operated by such owner or operator whether in use or not.
B. Failure to pay the fees required by subsection A of this section shall subject an owner or operator of a storage tank system to:
1. A penalty of fifty percent (50%) of the computed total fee due and owing by such owner and operator; or
2. Storage tank system shutdown, suspension or nonrenewal of the permit to operate such system issued by the Commission until payment of such fees or penalty, or both, so assessed; or
3. All such penalty, shutdown of storage tank system and permit suspension or nonrenewal.
Added by Laws 1991, c. 181, § 9, eff. July 1, 1991. Amended by Laws 1993, c. 344, § 7, emerg. eff. June 9, 1993; Laws 1998, c. 375, § 15, emerg. eff. June 9, 1998; Laws 2018, c. 27, § 9, eff. Nov. 1, 2018.