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Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 21 - Homeland Security and Critical Infrastructure › Section 165:45-21-5 - Utility Security Plan

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Each gas utility is required to prepare and make available for inspection, a
				"Homeland Security and Critical Infrastructure Plan" ("Plan") that has been
				prepared with reference to the applicable DOT/OPS GUIDELINES or equivalent
				cyber security framework and standard as guidance with a defined cyber security
				strategy.
(b) The Plan shall be
				marked as "Highly Sensitive Confidential" and designate those facilities that
				the utility considers to be Critical Infrastructure (physical assets and
				computer software as defined in OAC
				165:45-21-3 above), and shall set
				forth the utility's measures to secure such facilities from extended service
				interruption. The Plan shall also include an estimate of the costs necessary to
				achieve such measures.
(c) The
				Plan shall remain on site at the utility's business office in accordance with
				OAC 165:45-21-7(h)
				below and shall have the most current version of the redlined Plan Update
				Report attached to the clean version of the utility's latest Plan. At the
				utility's option, changes will either be redlined or a history of changes may
				be maintained.
(d) The Plan shall
				list all locations deemed by the utility to be critical, as well as
				identification of any subsequently increased security measures. All locations
				and security measures shall be identified by code known only to the utility and
				designated state government officials and their designees.
(e) Any subsequent security measures
				identified in the Plan shall contain an estimate of the cost necessary to
				implement such measures, a description of the measures necessary to adequately
				secure each specific location and an estimated schedule for completion of each
				measure.
(f) All locations
				identified by the Plan that require additional security measures shall be
				prioritized by the utility.
(g)
				Beginning December 30, 2005 and on July 1 of each year thereafter, Commission
				Staff shall submit an Annual Report marked as "Highly Sensitive Confidential"
				to the Commission, summarizing the results of Staff's review of a utility's
				Plan (and any Plan Update Reports), along with any recommendations that Staff
				may have regarding such Plan(s).
(h) Beginning December 30, 2005, where the
				Attorney General elects to submit recommendations to the Commission regarding a
				utility's Plan, such recommendations shall be marked as "Highly Sensitive
				Confidential" and shall also be due by July 1 of each subsequent year
				thereafter.
Added at 22 Ok Reg 708,
				  eff 7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 21 - Homeland Security and Critical Infrastructure › Section 165:45-21-7 - Reporting requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Subsequent to the preparation of the initial Plan prepared under OAC
				165:45-21-5(a),
				each utility shall prepare a Plan Update Report by March 1 of each succeeding
				year, following the same format as the initial Plan with redlines of all new
				changes, marked "Highly Sensitive Confidential" and kept on site at the
				utility's business office.
(b) Each
				subsequent Plan Update Report shall update the previous year's report by
				indicating for each specific coded location, all costs and completion dates
				(actual and projected) for all current and prior additional security measures
				claimed under this Subchapter.
(c)
				The utility is required to report cyber security or infrastructure security
				events that affect customers immediately to the PUD Director or designee.
(d) For those security measures
				previously reported that have not yet been completed, revised estimated costs
				and estimated completion dates shall be provided.
(e) The Plan Update Report shall also include
				(by specific coded location) a description of each proposed security measure
				that has not been previously reported, the estimated costs for each, as well as
				the estimated completion date for each measure.
(f) Costs reflected in the initial Plan and
				in subsequent Plan Update Reports, whether estimated or actual, shall be
				identified as either capital or expense costs.
(g) Beginning August 1, 2005 and by March 1
				of every year thereafter, and/or when a change is made, each utility shall
				submit a Certification Letter to the PUD Director, marked as "Highly Sensitive
				Confidential," certifying that as of the date of the Certification Letter:
(1) The utility does not have a Homeland
				Security and Critical Infrastructure Plan as contemplated and defined by this
				Subchapter;
(2) The utility does
				not have a Homeland Security and Critical Infrastructure Plan as contemplated
				and defined by this Subchapter but has otherwise taken steps to secure its
				Critical Infrastructure and is not seeking cost recovery under this Subchapter;
(3) The utility does have a Plan
				but is not seeking cost recovery; or
(4) The utility has a Plan and/or has
				prepared its Plan Update Report updating the Plan and/or previous year's Plan
				Update Report;
(A) The redlines contained
				within the current Plan Update Report encompass in the entirety, all of the
				changes made to the utility's Plan since the Plan's inception or the previous
				year's certification; and
(B) The
				Plan and Plan Update Report are available for Commission and/or Attorney
				General review at the utility's local place of business.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 21 - Homeland Security and Critical Infrastructure › Section 165:45-21-11 - Confidentiality

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to the
				Commission's jurisdiction granted under Article IX, Section 18 of the Oklahoma
				Constitution, 51 O.S. (2001) §24A.22 of the Oklahoma Statutes and OAC
				165:5, the Commission's Rules of Practice; all un-redacted documents related to
				a utility's Homeland Security and Critical Infrastructure Plan shall be
				considered "Highly Sensitive and Confidential" and shall only be admitted into
				evidence in en camera proceedings.
(b) "Highly Sensitive Confidential"
				designation and protection shall extend but not be limited to the following:
				initial Plans (including underlying documents), Plan Update Reports,
				Certification Letters, Annual Reports made by Commission Staff, recommendations
				submitted by the Attorney General of the State of Oklahoma and un-redacted
				documents used in cost recovery proceedings. For all other documents, the
				"Highly Sensitive Confidential" designation may be granted upon hearing and
				Final Order of the Commission.
(c)
				Each utility's Plan and/or Plan Update Report prepared in accordance with this
				Subchapter, shall be marked "Highly Sensitive Confidential" and shall be kept
				and maintained on site at the utility's business office in accordance with OAC
				165:45-21-7(h),
				above. Only those individuals on the Staff of the Commission and in the State
				Attorney General's office and their respective experts who have been authorized
				by the Commission, shall have access to the Plan and Plan Update Reports
				prepared by each utility and any related or supporting documentation thereto.
				All other parties granted authorized intervenor status to a security cause
				pursuant to OAC
				165:45-21-10(c)
				may also be granted access to the Plan, Plan Update Reports and supporting
				documentation after notice and hearing.
Added at 22 Ok Reg 708,
				  eff 7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 23 - Demand Programs › Section 165:45-23-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to establish fair and
				  reasonable rules for planning and implementing Demand Programs that may receive
				  cost-recovery treatment from the Commission. The rules in this Subchapter shall
				  apply to Demand Portfolios having program years that begin on January 1, 2017
				  and thereafter.
Added at 26 Ok Reg 1856,
				  eff 6-25-09
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 23 - Demand Programs › Section 165:45-23-2 - Goals

Current through Vol. 41, No. 20, July 1, 2024
(a) The goals of
				Demand Programs are to minimize the long-term cost of utility service , to
				encourage and enable utility customers to make the most efficient use of
				energy, and to discourage the inefficient and wasteful use of energy.
(b) TheCommission shall set specific savings
				goals for each utility to achieve Net Source Energy Usage Savings without
				adversely affecting customer comfort or state economic activity, based on
				market potential studies, base line studies, gas supply portfolios, risk
				management plans , or other evidence presented as part of the hearing process
				for approval of a utility's Demand Programs.
Added at 26 Ok Reg 1856,
				  eff 6-25-09
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 23 - Demand Programs › Section 165:45-23-5 - Commission consideration

Current through Vol. 41, No. 20, July 1, 2024
(a)
				In reviewing Demand Portfolios, the Commission will consider:
(1) The quality of the Demand Programs in all
				their elements relative to their program objectives;
(2) Experience of the program administrator
				and program implementer, if known, at designing and implementing
				programs;
(3) The
				cost-effectiveness for each program and for the Demand Portfolio; individual
				programs or individual measures for a specific program do not have to be
				cost-effective if their inclusion is expected to provide for greater
				comprehensiveness, customer or trade ally participation, or address Hard to
				Reach Customer participation;
(4)
				The savings goals;
(5) The
				availability of programs to all customers;
(6) The degree to which programs include
				innovative ways of increasing savings, increasing participation in programs,
				increasing market transformation, increasing customer education, or decreasing
				the cost to obtain savings or promote participation and include stakeholder
				interests;
(7) The effect on rates,
				average customer bills, and total cost of service;
(8) The effect on the environment, to the
				extent of Commission authority; and
(9) Other evidence the Commission finds
				relevant.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 23 - Demand Programs › Section 165:45-23-6 - Evaluation, measurement, and verification

Current through Vol. 41, No. 20, July 1, 2024
(a) Utilities are responsible for timely
				evaluation, measurement, and verification (EM&V) of their Demand Programs.
				The EM&V should be conducted by an independent third party evaluator chosen
				by the utility and cost of such EM&V shall be determined to be a Program
				Cost.
(b) The intent of the
				evaluation, measurement, and verification process is:
(1) To provide a reliable calculation of the
				net savings produced by Demand Programs;
(2) To assess the effects of Demand Programs
				on the market for energy efficient products and services; and
(3) To assess the effectiveness of the
				administration and implementation of Demand Programs.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 23 - Demand Programs › Section 165:45-23-8 - Incentives

Current through Vol. 41, No. 20, July 1, 2024
(a) Each utility
				shall be eligible to receive an incentive for successful implementation of
				their Demand Portfolio if:
(1) The Demand
				Portfolio achieves a minimum of 80% of the company's goal ratio (Verified
				savings divided by Projected savings);
(2) and the Demand Portfolio achieves a total
				resource cost test benefit/cost ratio (TRC:B/CR) that is greater than one;
				and
(3) No incentive shall be
				allowed for performance of the Demand Portfolio if the Utility fails to pass
				all of these threshold measures (OAC 165:45-23-8(a)(1) and (2) ).
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 23 - Demand Programs › Section 165:45-23-9 - Stakeholder process

Current through Vol. 41, No. 20, July 1, 2024
(a) Each
				utility shall have, at a minimum semi-annual stakeholder meetings, one of which
				is to be held within 30 days of the submittal of the Annual Report, as set
				forth in
				165:45-23-7. Notice of
				such meetings shall be made at least 30 days prior to the date of the
				stakeholder meeting.
(b) At each
				meeting the utilities will present their most current data as to savings goal
				attainment and budget expenditures at the Demand Portfolio, customer sector and
				Demand Program level. The utility will highlight any Demand Program changes
				implemented since the previous meeting and any planned changes that will occur
				prior to the next meeting.
(c) In
				the years in which a utility plans to file a Demand Portfolio application as
				required by OAC
				165:45-23-4,
				the Public Utility Division shall use one of the semi-annual stakeholder
				meetings to obtain stakeholder feedback on the proposed application.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Appendix A - Thirty (30) Day Medical Verification Certificate to Suspend Disconnection for Live Threatening Health Conditions

Current through Vol. 41, No. 20, July 1, 2024
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Added at 13 Ok Reg 3259,
				eff 7-25-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 1 - General Provisions › Section 165:50-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The General Rules Relating to Fuel, Purchased Gas, and
				  Purchased Power Adjustment Clauses of this Chapter were promulgated in
				  furtherance of 17 O.S. 1971, Section 152, and more specifically, 17 O.S. 1977
				  Supp., Section 250-64, which provided for the approval, regulation, and
				  effectiveness of "fuel adjustment clauses," which are defined as including
				  fuel, purchased power, and purchased gas adjustment clauses and requires
				  certain filings, authorizes certain hearings, requires certain disclosures, and
				  provides for certain investigations. Pursuant to such statutory authorization
				  and requirements, the Oklahoma Corporation Commission adopted the rules of this
				  Chapter through Cause No. 26134, Order No. 135207, effective November 1,
				  1977.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 1 - General Provisions › Section 165:50-1-3 - Applicability of rules of practice

Current through Vol. 41, No. 20, July 1, 2024
Insofar as practicable and except as otherwise specified
				  either in this Chapter or by statute, the Commission's Rules of Practice [OAC
				  165:5] shall be applicable to all proceedings contemplated by this
				  Chapter.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 3 - Contents and Standard Provisions of Adjustment Clauses › Section 165:50-3-2 - Standard fuel and purchased gas adjustment clause provisions

Current through Vol. 41, No. 20, July 1, 2024
(a) Standard fuel
				and purchased gas adjustment provisions set forth in (1) and (2) of this
				subsection are hereby adopted for use, insofar as feasible, by the public
				utilities subject to the jurisdiction of the Commission.
(1)
Electric.
The method for use
				in compensating for charges in cost of fuel is as follows:
(A) Each utility generating electricity and
				having an approved cost of fuel adjustment clause in its tariff, subject to the
				Commission's jurisdiction, shall compensate for any variations in the average
				cost of fuel burned at the utility's thermal generating plant(s) above or below
				the cost of fuel used in each tariff on which the rate was based, by adjusting
				the charges, either upward or downward per kWh, billed under its tariffs,
				approved agreements and special contracts by employing a method approved by the
				Commission in a public hearing process.
(B) The monthly average actual heat content
				of each fuel burned and thermal efficiency of each generating plant shall be
				reported in British Thermal Units (BTU) on a monthly basis to PUD. The actual
				fuel burned and generation for each generating plant shall be reported by fuel
				type in BTU content, tons, or gallons, as appropriate.
(C) Line losses shall be considered only if
				reliable evidence clearly points to the conclusion that failure to do so will
				substantially threaten the ability of the utility to earn a reasonable rate of
				return. If line losses are allowed by the Commission, the utility will submit a
				copy of the most recent applicable line loss study. Line losses will be
				evaluated for reasonableness on a case-by-case basis.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 3 - Contents and Standard Provisions of Adjustment Clauses › Section 165:50-3-3 - Standard purchased power adjustment clause provisions; electric cooperatives

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				Commission-approved purchased power adjustment provision may be adopted for use
				by electric distribution cooperatives subject to the jurisdiction of the
				Commission. The method for use by electric distribution cooperatives in
				compensating for change in the cost of purchased power is as follows:
(1) Each electric distribution cooperative
				having an approved purchased power adjustment clause in its tariffs designed to
				compensate for any variation in the cost of purchased power above or below the
				base costs upon which the tariffs are based, by adjusting the charges, either
				upward or downward per kWh, billed under its tariffs, agreements, and special
				contracts approved by the Commission, shall employ the following formula to
				compensate for such variation: P.A. = (A), where:
(A) P.A. = Power cost adjustment per kWh to
				be made, and
(B) A = the amount in
				cents or fraction thereof by which the average cost of power per kWh paid to
				suppliers of power by the cooperative exceeds or is less than the cost of power
				per kWh used in the tariffs as the cost of power on which the rate was based.
				Any credits, refunds, or allowances on previously purchased power by the
				cooperative from any suppliers shall be deducted from the cost of purchased
				power before calculating "A" each month.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 5 - Requirements and Procedures Relating to Adjustment Clauses Employed by Public Utilities › Section 165:50-5-1 - Authorization for use of adjustment clauses

Current through Vol. 41, No. 20, July 1, 2024
(a) If upon application by any public
				utility, after investigations and public hearing, the Commission finds that the
				changes in the price of fuels required for the generation of electricity by any
				electric public utility, the changes in the price of purchased electricity
				required for distribution by any public utility, or the changes in the price of
				purchased gas required for distribution by any gas utility portends a likely
				and substantial threat to the ability of the utility to earn a reasonable rate
				of return, or are likely to cause the utility to have an excessive rate of
				return, or are likely to substantially impair the ability of the utility to
				acquire adequate supplies of fuel or gas, the Commission may approve suitable
				fuel adjustment clauses to be superimposed upon the existing rate schedules of
				the public utility. The Commission shall design the fuel adjustment clause to
				allow the electric or gas public utility to increase or decrease charges to the
				consumer according to changes in the cost of fuel, purchased power, or
				purchased gas as compared to the price of such fuels or power as reflected in
				the base rates.
(b) Insofar as
				feasible, the standard fuel and purchased gas adjustment provision adopted
				pursuant to
				165:50-3-2,
				shall be employed by public utilities subject to the jurisdiction of the
				Commission. However, each public utility which applies, pursuant to (a) of this
				Section, for authorization to employ fuel, purchased gas, and/or purchased
				power adjustment clauses shall be entitled to show that by reason of special
				circumstances affecting such utility, the standard provisions or portions
				thereof are not appropriate for use by it; in such case the Commission shall
				prescribe an appropriate clause for such utility, which clause shall, however,
				conform to the requirements of
				165:50-3-1.
(c) Notice of hearings held pursuant to (a)
				of this Section shall be given in the form and manner prescribed by the
				Commission
Amended at 10 Ok Reg
				  2647, eff 6-25-93
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 5 - Requirements and Procedures Relating to Adjustment Clauses Employed by Public Utilities › Section 165:50-5-2 - Monthly adjustments with respect to any approved fuel adjustment clause

Current through Vol. 41, No. 20, July 1, 2024
(a) No proposed
				monthly fuel adjustment, purchased power adjustment, or purchased gas
				adjustment by any public utility shall become effective until after the
				Commission has had an opportunity, as provided in (c) of this Section, to
				determine that the adjustment is calculated in accordance with the terms and
				conditions of the applicable fuel adjustment clause.
(b) Prior to the effectiveness of any monthly
				fuel, purchased gas, or purchased power adjustment proposed by a public
				utility, such utility shall file with the Commission, by submitting the
				following to PUD and other parties as directed by a Commission Order or tariff
				:
(1) 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.
(2) A summary of its fuel and gas purchase
				invoices and its computations of the proposed monthly fuel adjustment or
				purchased gas adjustment charges.
(3) A summary of inventory records of fuel
				and gas going into and taken out of stockpile or storage.
(4) A report containing the average unit
				price, the change in the average unit price, the volume purchased, and a brief
				explanation of such unit cost increase.
(5) Any other records which PUD may request,
				including, but not limited to, the heat rate efficiency and delivery efficiency
				for affected electric public utilities and the actual capacity factor for each
				generating facility utilized to produce electric power.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 5 - Requirements and Procedures Relating to Adjustment Clauses Employed by Public Utilities › Section 165:50-5-3 - Monitoring of fuel adjustment clauses

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall continually monitor and oversee the
				  application of all fuel adjustment clauses. A general public hearing relating
				  to the fuel, purchased gas, and purchased power adjustment clauses of all
				  public utilities shall be held whenever the Commission deems it necessary, but
				  no less frequently than once every twelve (12) months. The following procedure
				  shall be followed with respect to such hearings:
(1) Upon application by PUD, an order shall
				be entered setting a hearing date, and notice shall be given in the form and
				manner prescribed by the Commission in such order.
(2) PUD, or any other person or entity
				objecting to the operation of a utility's fuel, purchased gas, or purchased
				power adjustment clause, shall, at or before such general hearing, file with
				the Commission a complaint in writing setting forth the reasons for such
				objection. Thereafter, a separate proceeding involving such utility shall be
				conducted, in accordance with the Commission's Rules of Practice [OAC 165:5].
(A) If no complaint is filed before or at
				such general hearing with respect to the operation of the fuel, purchased gas,
				or purchased power adjustment clauses of a utility, no further proceedings
				shall be had thereon.
(B) If a
				complaint is filed, the Commission shall at the general hearing set a date for
				a further hearing with respect to each utility against which a complaint has
				been filed. The issues to be determined at such further hearing shall be one or
				more of the following determinations:
(i)
				Whether the charges or credits are based upon the actual prices paid for fuel,
				purchased power, or purchased gas.
(ii) Whether the charges or credits are
				properly computed in accordance with the applicable fuel adjustment clause.
(iii) Whether the fuel adjustment
				clause should be amended, discontinued, or suspended because of a change in
				circumstances since the fuel adjustment clause was approved.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 5 - Requirements and Procedures Relating to Adjustment Clauses Employed by Public Utilities › Section 165:50-5-4 - Disclosure in customer bills

Current through Vol. 41, No. 20, July 1, 2024
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.
(2) The per unit rate and amount thereof in
				dollars and cents of fuel, purchased power, or purchased gas included in its
				basic rate.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 5 - Requirements and Procedures Relating to Adjustment Clauses Employed by Public Utilities › Section 165:50-5-5 - Report of fuel adjustment clauses by the electric generation cooperatives

Current through Vol. 41, No. 20, July 1, 2024
(a) Electric
				generation cooperatives which determine to utilize a fuel adjustment clause
				shall report such fuel adjustment clause to the Commission. Such cooperatives
				shall file monthly with PUD and other parties as directed by Commission Order
				or tariff by submitting 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.
(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.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 5 - Requirements and Procedures Relating to Adjustment Clauses Employed by Public Utilities › Section 165:50-5-6 - Inapplicability of certain rules to electric distribution cooperatives

Current through Vol. 41, No. 20, July 1, 2024
Sections
				  165:50-3-1,
				  165:50-3-2, and
				  165:50-5-1 through
				  165:50-5-5 in this Chapter shall
				  be inapplicable to electric distribution cooperatives, except as provided in
				  this Chapter.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 5 - Requirements and Procedures Relating to Adjustment Clauses Employed by Public Utilities › Section 165:50-5-7 - Periodic rate investigations

Current through Vol. 41, No. 20, July 1, 2024
The rates charged to their customers by public utilities and
				  electric distribution cooperatives which utilize fuel, purchased gas, or
				  purchased power adjustment clauses shall be periodically investigated by the
				  Commission in order to determine whether such rates are just and reasonable. In
				  conducting such investigations, the following procedures shall be
				  followed:
(1) Except in those cases
				described in (3) of this Section, such proceedings by the Commission shall be
				commenced by application made by the Commission staff or by order of the
				Commission.
(2) Such proceedings
				shall include public hearings.
(3)
				A general rate proceeding instituted by a public utility or cooperative shall
				be deemed to constitute a rate investigation hereunder.
(4) 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.
Amended at 10 Ok Reg
				  2647, eff 6-25-93; Amended at 12 Ok Reg 2139, eff
				  7-1-95
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 7 - Purchased Power Adjustment Clauses for Electric Distribution Cooperatives › Section 165:50-7-1 - Approval of purchased power adjustment clauses

Current through Vol. 41, No. 20, July 1, 2024
(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 schedule of the cooperative
				and designed only to recapture such increased cost 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.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 7 - Purchased Power Adjustment Clauses for Electric Distribution Cooperatives › Section 165:50-7-2 - Monitoring of application of adjustment clauses

Current through Vol. 41, No. 20, July 1, 2024
Whenever the Commission approves a purchased power
				  adjustment clause pursuant to
				  165:50-3-3 and
				  165:50-7-1, the clause shall
				  apply to all similar distribution cooperatives affected by such increased cost.
				  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 following procedure shall be followed with
				  respect to such hearings:
(1) Upon
				application by the Commission staff, an order shall be entered setting a
				hearing date and notice thereof shall be given in the form and manner
				prescribed by the Commission in such order.
(2) The Commission staff, or any other person
				or entity objecting to the operation of an electric distribution cooperative's
				purchased power adjustment clause, shall, at or before such general hearing,
				file with the Commission a complaint in writing setting forth the reasons for
				such objection. Thereafter, an appropriate proceeding involving such electric
				distribution cooperative shall be conducted, in accordance with the
				Commission's Rules of Practice [OAC 165:5].
(A) If no complaint is filed before or at
				such general hearing with respect to the operation of the purchased power
				adjustment clause of an electric distribution cooperative, no further
				proceeding shall be had thereon.
(B) If a complaint is filed, the Commission
				shall at the general hearing set an appropriate time for the complaint to be
				heard, and the issues to be determined at such hearing shall be one or more of
				the following determinations:
(i) Whether the
				charges or credits made under the adjustment clauses are based upon the actual
				prices paid for purchased power.
(ii) Whether the charges or credits are
				properly computed in accordance with the applicable adjustment clause.
(iii) Whether that portion
				representing fuel adjustment charges made by an electric generation cooperative
				are fair, equitable, and properly computed.
(iv) Whether the purchased power adjustment
				clause should be amended, suspended, or discontinued because of a change in
				circumstances since the purchased power adjustment clause was approved.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 7 - Purchased Power Adjustment Clauses for Electric Distribution Cooperatives › Section 165:50-7-3 - Disclosure of per unit rate in consumer's bill

Current through Vol. 41, No. 20, July 1, 2024
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.
(2) The base cost of purchased power included
				in the retail rate.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 50 - Fuel, Purchased Gas, and Purchased Power Adjustment Clauses › Subchapter 7 - Purchased Power Adjustment Clauses for Electric Distribution Cooperatives › Section 165:50-7-4 - Applications through a common representative

Current through Vol. 41, No. 20, July 1, 2024
Nothing in this Chapter shall prevent similarly situated
				  electric distribution cooperatives from making, or the Commission from
				  accepting, filings and applications as shall be required simultaneously and
				  through a common representative.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 1 - General Provisions › Section 165:55-1-1 - Purpose; short title

Current through Vol. 41, No. 20, July 1, 2024
(a) This
				Chapter establishes the Oklahoma Corporation Commission Rules and Regulations
				Governing and Regulating the Operations of Telecommunications Service Providers
				and Telecommunications in Oklahoma which may be cited by the short title as the
				Oklahoma Telecommunications Rules.
(b) This Chapter is intended to define good
				business practices under normal conditions, assure adequate service and prevent
				unfair charges to the customers and/or end-users and protect the
				telecommunications service provider from unreasonable demands.
(c) This Chapter is further intended to allow
				Oklahoma consumers to receive timely benefits from lawful market-driven price
				and service competition among interexchange carriers ("IXCs") and
				telecommunications service providers in the long distance and local exchange
				markets by applying such regulatory requirements as are necessary to assure
				public access to long distance and local exchange services under tariff
				provisions and Terms of Service which are not unjustly discriminatory and to
				preclude unjust and unreasonable rates or charges in such markets. It is also
				intended that if an IXC provides local exchange service, the local exchange
				portion of its business shall be subject to the rules and regulations
				prescribed in this Chapter for telecommunications service providers.
(d) Notwithstanding the provisions of OAC
				165:55-1-12,
				nothing in this Chapter is intended to supersede the Commission's extant orders
				regarding intraLATA toll competition or imputation. In the event future
				Commission orders modify the scope of such competition or imputation, such
				orders shall be controlling.
Amended at 10 Ok Reg
				  2651, eff 6-25-93; Amended at 13 Ok Reg 2437, eff 7-1-96; Amended at 16 Ok Reg
				  2661, eff 7-1-99; Amended at 29 Ok Reg 1549, eff
				  7-12-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 1 - General Provisions › Section 165:55-1-2 - Jurisdiction

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Corporation Commission, by virtue of Article IX
				  § 18
et seq.
of the Constitution of the State of
				  Oklahoma, enactments of the Oklahoma Legislature, and federal law has the
				  authority and responsibility to supervise, regulate, and control the Oklahoma
				  businesses of telecommunications service providers and interexchange
				  telecommunications carriers in Oklahoma which are subject to regulation of the
				  Commission. In addition, the Commission has the authority to designate eligible
				  telecommunications carriers, to grant certificates of convenience and necessity
				  to data-only providers and to enact rules and regulations in connection
				  therewith. No person or corporation not otherwise a telecommunications service
				  provider within the meaning of this Chapter shall be deemed such solely because
				  of the manufacture, distribution, installation, or maintenance of end-user
				  premises communication equipment and accessories.
Amended at 13 Ok Reg
				  2437, eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 1 - General Provisions › Section 165:55-1-3 - Application of rules

Current through Vol. 41, No. 20, July 1, 2024
This Chapter shall apply to every telecommunications service
				  provider, data-only provider, and IXC in Oklahoma subject to the jurisdiction
				  of the Commission. This Chapter shall apply to a Telephone Cooperative
				  Corporation only to the extent specifically authorized by 18 O.S. §
									438.1
et seq.
This Chapter shall not apply to the interexchange
				  portion of an IXC's business, except as set forth in OAC
				  165:55-1-8. This
				  Chapter shall not apply to the non-regulated services offered by a data-only
				  provider, except as specified in OAC
				  165:55-3-1.
Amended at 10 Ok Reg
				  2651, eff 6-25-93; Amended at 13 Ok Reg 2437, eff
				  7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 1 - General Provisions › Section 165:55-1-5 - Interpretation of rules

Current through Vol. 41, No. 20, July 1, 2024
The words contained in this Chapter shall be given their
				  ordinary and customary meanings, with technical terms and words being construed
				  as generally understood within the telecommunications industry, except where
				  otherwise expressly provided. Where the rules of this Chapter establish service
				  standards or objectives, substantial compliance will be deemed in compliance
				  with this Chapter. Where the rules of this Chapter impose an absolute
				  obligation upon the telecommunications service provider or IXC, strict
				  compliance is required.
Amended at 10 Ok Reg
				  2651, eff 6-25-93; Amended at 13 Ok Reg 2437, eff
				  7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 1 - General Provisions › Section 165:55-1-6 - Relief from rules

Current through Vol. 41, No. 20, July 1, 2024
Whenever compliance with any requirement of this Chapter
				  would result in unreasonable hardship upon or excessive expense to the
				  telecommunications service provider, IXC, data-only provider, an end-user,
				  consumer or for other good cause shown, the Commission may, by order, waive or
				  modify the requirements of this Chapter upon application of any interested
				  person filed in accordance with the Commission's Rules of Practice, OAC 165:5.
				  The Commission may grant temporary relief pending hearing.
Amended at 13 Ok Reg
				  2437, eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 1 - General Provisions › Section 165:55-1-7 - Exceptions or variances

Current through Vol. 41, No. 20, July 1, 2024
If a telecommunications service provider receives an
				  exception or variance from this Chapter in its tariffs or terms and conditions
				  of service, such exception or variance shall be clearly shown on such tariffs
				  or terms and conditions of service, sufficient to plainly bring to the
				  Commission's attention the exact nature of the said exception or variance. Any
				  exception or variance not so marked or identified in such tariff or terms and
				  conditions of service shall be superseded by this Chapter to the extent that
				  said exception or variance is in conflict therewith. Upon approval by the
				  Commission, the variance shall indicate the number of the pertinent Commission
				  order.
Amended at 13 Ok Reg
				  2437, eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 1 - General Provisions › Section 165:55-1-8 - Supremacy

Current through Vol. 41, No. 20, July 1, 2024
(a) Every tariff,
				rule, regulation, or agreement relating to the subject matter of this Chapter
				is superseded by this Chapter and is deemed amended to conform with this
				Chapter.
(b) The interexchange
				portion of an IXC's business shall continue to operate under the regulatory
				requirements and procedures prescribed by their respective certification orders
				and OAC
				165:55-1-1,
				165:55-1-3,
				165:55-1-4,
				165:55-1-5,
				165:55-1-6,
				165:55-1-11,
				165:55-1-15,
				165:55-1-16,
				165:55-3-1,
				165:55-3-2,
				165:55-3-3,
				165:55-3-22,
				165:55-3-23,
				165:55-5-3,
				165:55-5-10,
				165:55-5-10.2,
				165:55-5-10.4
									165:55-5-11,
				165:55-5-13,
				165:55-5-14,
				165:55-5-20,
				165:55-5-34,
				165:55-5-35,
				165:55-9-2.1,
				165:55-15-1,
				165:55-15-5,
				165:55-19-1,
				165:55-19-3, and
				165:55-21-1.
Amended at 10 Ok Reg
				  2651, eff 6-25-93; Amended at 13 Ok Reg 2437, eff 7-1-96; Amended at 15 Ok Reg
				  3054, eff 7-15-98; Amended at 16 Ok Reg 2261, eff
				  7-1-99
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 1 - General Provisions › Section 165:55-1-10 - Controversy over rules

Current through Vol. 41, No. 20, July 1, 2024
Whenever a controversy exists in connection with the
				  interpretation of the rules of this Chapter or their applicability, or any
				  right or duty imposed thereby, the Commission, upon application of any
				  interested person and after notice and hearing, will enter such order thereon
				  as it may deem appropriate.
Amended at 13 Ok Reg
				  2437, eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 1 - General Provisions › Section 165:55-1-11 - Severability

Current through Vol. 41, No. 20, July 1, 2024
This Chapter will not relieve in any way a telecommunications
				  carrier or end-user from any of its duties under the laws of this State or the
				  United States. If any provision of this Chapter is held invalid, such
				  invalidity shall not affect other provisions or applications of this Chapter
				  which can be given effect without the invalid provision or application, and to
				  this end, the provisions of this Chapter are declared to be severable. This
				  Chapter shall not be construed so as to enlarge, diminish, modify, or alter the
				  jurisdiction, powers, or authority of the Commission or the substantive rights
				  of any person. The Commission may make exceptions to this Chapter for good
				  cause shown.
Amended at 13 Ok Reg
				  2437, eff 7-1-96; Amended at 17 Ok Reg 19, eff 9-27-99
				  (emergency)
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 1 - General Provisions › Section 165:55-1-12 - Conflict with Commission order

Current through Vol. 41, No. 20, July 1, 2024
This Chapter shall not alter or amend any order of the
				  Commission directed to a telecommunications service provider, except where the
				  provisions thereof are in direct conflict with this Chapter, in which case this
				  Chapter shall supersede the provisions of any such order to the extent of
				  conflict only.
Amended at 13 Ok Reg
				  2437, eff 7-1-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 1 - General Provisions › Section 165:55-1-13 - Conflict with filed tariffs

Current through Vol. 41, No. 20, July 1, 2024
All tariffs and terms and conditions of service heretofore
				  filed or submitted by a telecommunications service provider and approved or
				  deemed approved by the Commission are not revoked, altered or amended by this
				  Chapter, except to the extent they are in direct conflict with any provision of
				  this Chapter, in which event such tariffs and terms and conditions of service
				  are superseded by this Chapter to the extent of conflict
				  only.
Amended at 13 Ok Reg
				  2437, eff 7-1-96; Amended at 29 Ok Reg 1549, eff
				  7-12-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 55 - Telecommunications Services › Subchapter 1 - General Provisions › Section 165:55-1-14 - Tariff conformance [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 13 Ok Reg
				  2437, eff 7-1-96; Revoked at 16 Ok Reg 2261, eff
				  7-1-99