Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 31 - Affiliate Transactions and Financial Transactions of Utilities and Affiliates › Section 165:35-31-19 - Standards for transactions between utilities and affiliate(s)

Current through Vol. 41, No. 20, July 1, 2024
Electric utilities must conduct their business to conform to
				  the following standards:
(1) Electric
				utilities must apply any tariff provision in the same manner to the same or
				similarly situated persons if there is discretion in the application of the
				provision.
(2) Electric utilities
				must strictly enforce a tariff provision for which there is no discretion in
				the application of the provision.
(3) Except as necessary for physical
				operational reasons, electric utilities may not, through a tariff provision or
				otherwise, give their affiliates or knowingly give customers of their
				affiliates preference over other utility customers in matters relating to any
				service offered including, but not limited to: generation, transmission,
				distribution and ancillary services, scheduling, balancing, or curtailment
				policy.
(4) Unless such disclosure
				is made public simultaneously or as near to the event as possible, electric
				utilities shall not disclose to their affiliates any information which they
				receive from, a non-affiliated customer, a potential customer, any agent of
				such customer, or potential customer, or other entity seeking to supply
				electricity to a customer or potential customer.
(5) An electric utility's operating employees
				and the operating employees of its affiliate must function independently of
				each other and shall be employed by separate corporate entities.
(6) Electric utilities and their affiliates
				shall keep separate books of accounts and records.
(7) Electric utilities shall establish a
				complaint procedure. In the event the electric utility and the complainant are
				unable to resolve a complaint, the complainant may address the complaint to the
				Commission.
(8) With respect to any
				transaction or agreement relating in any way to electric generation,
				transmission, distribution and ancillary services, an electric utility shall
				conduct all such transactions with any of its affiliates on an arm's length
				basis.
(9) The Commission shall
				resolve affiliate transaction disputes or abuses on a case-by-case basis. Any
				aggrieved party may file a complaint with the Commission alleging the
				particulars giving rise to the alleged dispute or abuse. The Commission shall
				consider at a minimum, the following issues when hearing a complaint:
(A) Whether or not the information or data
				furnished to the affiliate was generally available to other market
				participants.
(B) Whether or not
				the electric utility conducted business in such a manner that actual or
				expected expenses were shifted from the non-regulated subsidiary to the
				regulated entity.
(C) Whether or
				not the electric utility conducted business in such a manner that actual or
				expected revenues were shifted from the regulated entity to the non-regulated
				entity.
(D) Whether or not the
				regulated entity offered terms, condition or rates for the provision of
				electric services to the affiliate that it refused to provide to other
				customers or whether such resulted in the affiliate having an unfair
				advantage.