reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 33 - Homeland Security and Critical Infrastructure › Section 165:35-33-7 - Reporting requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Subsequent to the preparation of the initial Plan prepared under OAC
				165:35-33-5(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 cybersecurity 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" and 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
				or defined by this Subchapter but has otherwise taken steps to secure 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 is available for Commission and/or Attorney General review at the
				utility's local place of business.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 33 - Homeland Security and Critical Infrastructure › Section 165:35-33-11 - 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
				165:35-33-7(g),
				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
				165:35-33-10(c)
				may also have access to the Plan, Plan Update Reports and supporting
				documentation after notice and hearing.
Added at 22 Ok Reg 704,
				  eff 7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 34 - Competitive Procurement › Section 165:35-34-1 - Purpose of this Subchapter

Current through Vol. 41, No. 20, July 1, 2024
(a)
				This Subchapter establishes a fair, just, and reasonable process that best
				serves the public interest of all electricity consumers and that will
				complement and improve the state's economic growth by, among other things,
				making the most efficient use of Oklahoma's coal, natural gas, and power
				generation and transmission assets and furthers the policy of the Commission
				that a competitive procurement process is among the most effective means to
				achieve these objectives. In order to Toobtain a presumption of prudence, a
				utility shall employ the competitive bidding procedures set forth in this
				subchapter, when purchasing or self-building of new long -term electric
				generation, long term purchase power agreements, or long-term fuel supply for
				self-generation of electricity as set forth in this subchapter. A utility may
				exercise managerial discretion and enter into contracts, fixed-priced or
				index-based, without seeking a presumption of prudence. However, if a utility
				does not employ the competitive bidding process set forth in this subchapter,
				there shall be no presumption of prudence and the determination of prudence
				will be decided during a subsequent Commission review. The competitive bidding
				process shall be open to Commission scrutiny, as are other regulated utility
				practices.
(b) It is the intent of
				the Commission to create an open, transparent, fair and nondiscriminatory
				competitive bidding process for the utility to meet its needs. It should not be
				construed that this Subchapter absolves or relieves any utility or competitive
				bidder from any duty prescribed by the laws of the State of Oklahoma or the
				United States including, but not limited to, the federal Public Utility
				Regulatory Policies Act ( Public Law 95-617, as amended) and any other state or
				federal law regarding contractual rights and obligations, antitrust enforcement
				or liability, or laws against improper restraint of trade or "takings" of
				property.
(c) This Subchapter also
				establishes reasonable standards of conduct for transactions between utilities
				and their affiliates and standards for transactions between utilities and
				competitive bidders conducting business within the State of Oklahoma.
(d) This Subchapter shall not be applicable
				to a utility with no generation plant within the boundaries of Oklahoma and
				less than ten percent of its customers within the state.
(e) Wherever Independent Evaluator is
				referred to in this subchapter, it is understood that particular reference is
				only applicable if an Independent Evaluator has been retained by the
				Commission.
Added at 23 Ok Reg 699,
				  eff 2-17-06 (emergency); Added at 23 Ok Reg 1666, eff 7-1-06; Amended at 25 Ok
				  Reg 1566, eff 7-1-08; Amended at 29 Ok Reg 1541, eff
				  7-12-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 34 - Competitive Procurement › Section 165:35-34-2 - Confidential Information

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				person or entity may file a motion with the Commission for an order to protect
				confidential information pursuant to 51 O.S., Section 24A.22.
(b) Bids submitted in a competitive bidding
				process and the resulting contracts shall be considered confidential
				information. Such bidding documents and contracts shall be available for review
				subject to a protective order issued by the Commission except that such
				protective order may limit access to appropriate non-competitive
				representatives such as lawyers and consultants, of bidders participating in
				the RFP, so that such persons may review the details of all the bids, the bid
				process and the bid evaluation-related materials. The Commission may determine,
				on a case-by-case basis, that certain information about the winning bid and
				resulting contract shall be publicly disclosed so long as such disclosure does
				not reveal confidential information.
(c) Pending a determination by the Commission
				regarding any protective order, the person or entity seeking the protective
				order, the Commission, the Attorney General and the Independent Evaluator may,
				at their option, review the information claimed to be confidential at a
				mutually agreed upon location.
Added at 23 Ok Reg 699,
				  eff 2-17-06 (emergency); Added at 23 Ok Reg 1666, eff 7-1-06; Revoked at 25 Ok
				  Reg 1566, eff 7-1-08
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 34 - Competitive Procurement › Section 165:35-34-4 - Commodity fuel supply competitive bidding procurement process for a term greater than five years

Current through Vol. 41, No. 20, July 1, 2024
(a)
Pre-approval filing.
When a Utility contracts for commodity fuel
				supply for self-generation of electricity for a term greater than five years,
				and seeks a pre-determination of prudence, the Utility shall file an
				application and receive the Commission's approval of the Utility's proposed
				Request for Proposal (RFP) Competitive Bidding Procurement Process prior to the
				Utility issuing the RFP. The evaluation and approval of the RFP shall contain,
				but not be limited to, the proposed bidding process, the evaluation process,
				consistency with the Integrated Resource Plan (IRP), and a determination of
				need for the proposed fuel supply. The evaluation and approval of the RFP may
				contain a consideration of opt-out provisions. The process shall focus on and
				result in the lowest reasonable cost for ratepayers. The request shall be
				processed as follows:
(1) An Independent
				Evaluator may be utilized pursuant to 165:35-34-4(b);
(2) The soliciting Utility shall file a cause
				for pre-approval of the RFP and will provide notice to the Commission and
				Attorney General to engage in the RFP approval process at least thirty (30)
				calendar days before issuing a request for pre-approval of the proposed
				RFP;
(3) The soliciting Utility
				shall prepare the initial draft of the RFP documents that, to the extent
				practicable, utilizes industry standard contractual terms and contains all
				expected material terms and conditions and a solicitation schedule;
(4) In addition to the information required
				by (3) of this Section, the RFP, at a minimum, shall identify clearly:
(A) Term and Renewals;
(B) Types and quantity of fuel being
				solicited;
(C) All price and
				non-price evaluation factors to be considered;
(D) Respective weight for each price and
				non-price evaluation factor;
(E)
				The Utility's preliminary analysis of desired delivery points or options as
				appropriate; and
(F) The extent to
				which a consideration of hedging and price volatility mitigation has been
				included in the RFP; and
(5) A Commission order approving or
				disapproving the RFP shall be issued in no more than 180 calendar days
				following the filing of the Utility's application.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 35 - Prudence Reviews › Section 165:35-35-1 - Prudence Reviews

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Commission shall conduct prudence reviews on all generation, purchased power
				and fuel procurement processes and costs. The first prudence review will be
				selected by March 31, 2006. Utilities serving four hundred thousand (400,000)
				consumers or more shall be reviewed at least once every two (2) years. The
				utility shall bear the burden of proof as to prudence. Utilities serving fewer
				than four hundred thousand (400,000) consumers shall be reviewed at least once
				every three (3) years.
(b) All fuel
				and generation expenses, including purchased-power-related expenses, shall be
				reviewed by the Commission in adjudicatory proceedings to determine that such
				expenses were prudently incurred. Additional prudence reviews shall be
				conducted when the Commission determines that circumstances warrant such
				review.
(c) The Commission may
				impose any corrective action or penalty allowed explicitly or implicitly by
				law, including refund, as the result of a prudence review.
(d) Nothing in this Subchapter shall diminish
				the authority of the Commission to review for prudence or other reasons any
				utility contract, decision or other action for the provision of electric power
				capacity or energy.
Added at 23 Ok Reg 699,
				  eff 2-17-06 (emergency); Added at 23 Ok Reg 1666, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 37 - Integrated Resource Planning › Section 165:35-37-2 - Confidential Information

Current through Vol. 41, No. 20, July 1, 2024
(a) If a
				utility is required by this Subchapter to submit information to the Commission
				that is alleged by the utility to be confidential, a motion for a protective
				order concerning such information may be filed requesting a determination to be
				made by the Commission to protect the information pursuant to 51 O.S., Section
				24A.22.
(b) Pending a determination
				regarding approval of any protective order by the Commission, the Commission
				and Attorney General, at their option, may review the information claimed to be
				confidential at a mutually agreed upon location, provided that for purposes of
				51 O.S., Section 24A.22, the information shall be deemed confidential pending
				such determination by the Commission.
Added at 23 Ok Reg 699,
				  eff 2-17-06 (emergency); Added at 23 Ok Reg 1666, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 37 - Integrated Resource Planning › Section 165:35-37-3 - Public Meeting

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				utility shall notify the Commission that it has prepared a proposed initial
				integrated resource plan at least thirty (30) calendar days prior to submission
				pursuant to
				165:35-37-4. After giving notice,
				the Commission shall conduct a public meeting on the record concerning the
				utility's proposed initial integrated resource plan, allowing comment from
				interested persons as to the strengths and weaknesses of the proposed
				plan.
(b) The utility shall take
				into account the comments made at the public meeting and make such changes to
				the plan as seem reasonable.
(c)
				The utility shall make the proposed plan available prior to the public meeting
				to any person who requests it, except any portions subject to a Commission
				protective order.
(d) The
				Commission may conduct similar public meetings at its discretion concerning
				updates to the integrated resource plan as provided by
				165:35-37-4.
Added at 23 Ok Reg 699,
				  eff 2-17-06 (emergency); Added at 23 Ok Reg 1666, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 37 - Integrated Resource Planning › Section 165:35-37-5 - Procedure for subsequent integrated resource plans

Current through Vol. 41, No. 20, July 1, 2024
(a) A utility shall notify the Commission
				that it has prepared a proposed update of its integrated resource plan at least
				sixty (60) calendar days prior to submission pursuant to
				165:35-37-4.
(b) To allow all stakeholders the opportunity
				to review and provide input regarding utility objectives, assumptions, planning
				scenarios, and other information contained in the proposed updated integrated
				resource plan, after giving notice and prior to submitting the final integrated
				resource plan, the utility shall conduct at least one technical conference for
				all stakeholders. Stakeholders then may submit comments to the utility as to
				the strengths and weaknesses of the proposed plan.
(c) The utility shall make the proposed plan
				available prior to the technical conference to any person who requests it,
				except any portions subject to a Commission protective order or confidentiality
				agreement.
(d) The utility shall
				take into account any comments received prior to or at the technical conference
				and make such changes to the plan as seem reasonable.
(e) The utility shall provide a facilitator
				to coordinate and assist the stakeholders in their discussions at the technical
				conference. The facilitator provided by the utility shall prepare meeting
				minutes from the technical conference and prepare a summary of stakeholder
				input for inclusion as an exhibit in the final integrated resource plan.
(f) The Commission and/or the
				Attorney General may, at its discretion, retain third party consultants and/or
				expert witnesses to review the proposed plan and participate in the technical
				conference on its behalf. The utility shall be responsible for, and be allowed
				recovery of, the cost of such third party consultants and/or expert witnesses.
(g) The Commission may conduct
				similar technical conferences at its discretion concerning updates to the
				integrated resource plan as provided by OAC
				165:35-37-4.
(h) After the above procedure has occurred,
				the utility shall present its final integrated resource plan at a public
				meeting held at the Commission.
Added at 27 Ok Reg 2098,
				  eff 7-11-10
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 38 - Recoverable Costs › Section 165:35-38-1 - Purpose of Subchapter

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to provide for utility
				  recovery of (1) costs directly associated with transmission upgrades approved
				  by a regional transmission organization of which such utility is a member and
				  which upgrades are the result of an order by a federal regulatory authority
				  having legal jurisdiction over interstate regulation of transmission rates; (2)
				  capital expenditures for equipment or facilities necessary to comply with the
				  Federal Clean Air Act ( Public Law 84-159 ), as amended, and, as the Commission
				  may deem appropriate, federal, state, local or tribal environmental
				  requirements that apply to generation facilities: and (3) costs associated with
				  the purchase or construction of a generation facility needed to provide
				  reliable service using the competitive bidding RFP Process.
Added at 23 Ok Reg 699,
				  eff 2-17-06 (emergency); Added at 23 Ok Reg 1666, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 38 - Recoverable Costs › Section 165:35-38-2 - Application and Scope of Subchapter

Current through Vol. 41, No. 20, July 1, 2024
(a) This Subchapter is applicable to all
				electric utilities operating within the State of Oklahoma under the
				jurisdiction of the Commission.
(b)
				These cost recovery rules are promulgated to establish processes, procedures,
				enforcement, reporting, and monitoring provisions that apply to electric
				utilities regarding the expenditures referenced in
				165:35-38-1.
(c) The intention of this Subchapter
				includes, but is not limited to:
(1) The
				provision of rules for the recovery of costs associated with transmission
				upgrades, environmental facilities installed at generation facilities,
				generation assets constructed by the utility, and generation assets acquired by
				the utility; and
(2) The protection
				of customers of a utility from imprudent financial obligations or
				costs.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 38 - Recoverable Costs › Section 165:35-38-3 - Transmission Upgrades

Current through Vol. 41, No. 20, July 1, 2024
(a) Costs
				incurred by a utility that are directly related to transmission upgrades as set
				forth in
				165:35-38-1
				are presumed recoverable by such utility. However, the presumption may be
				rebutted by evidence presented by a complainant or through the audit and review
				process that the costs so incurred by the utility for such transmission
				upgrades exceed the scope of the project authorized by the regional
				transmission organization or federal regulatory authority order.
(b) Before costs set forth in 17 O.S. Section
				286(A),
				as amended, are allowed to go into effect, a cause will be opened by the
				utility before the Commission. After notice and hearing and upon proper
				evidence, the Commission may authorize an electric utility to recover all or a
				portion of the costs incurred by the utility for such transmission
				upgrades.
(c) A utility seeking
				cost recovery for transmission upgrades as they pertain to this subsection may
				file an application to recover such costs and shall provide, at a minimum:
(1) A detailed summary of the costs for which
				recovery is sought;
(2) Evidence of
				the approval received by the utility from the regional transmission
				organization or order received from the federal regulatory authority giving
				rise to the transmission upgrade; and
(3) A proposed recovery mechanism to recover
				such costs, which shall be in accordance with Commission's traditional rate
				making procedures.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 38 - Recoverable Costs › Section 165:35-38-4 - Capital Expenditures to Meet Environmental Requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) A utility may
				file an application pursuant to 17 O.S. Section
				286(B),
				as amended, and this subchapter seeking Commission authorization of the
				utility's plan to make capital expenditures for equipment or facilities
				necessary to comply with the environmental requirements applicable to
				generation facilities as set forth in 17 O.S. Section
				286(B).
(b) If approved by the Commission after
				notice and hearing, the equipment or facilities specified in the approved
				utility plan shall be conclusively presumed used and useful.
(c) The utility may elect periodically to
				adjust its rates to recover the costs of such expenditures provided that the
				utility shall file a request for a review of its rates pursuant to Section
				152
				of Title 17 of the Oklahoma Statutes.
(d) Periodic rate adjustments as contemplated
				above shall not prevent a utility from seeking cost recovery of capital
				expenditures as otherwise may be authorized by the Commission. However, the
				reasonableness of the costs to be recovered by the utility shall be subject to
				Commission review and approval.
Added at 23 Ok Reg 699,
				  eff 2-17-06 (emergency); Added at 23 Ok Reg 1666, eff 7-1-06; Amended at 27 Ok
				  Reg 2098, eff 7-11-10
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 38 - Recoverable Costs › Section 165:35-38-5 - Self-build or Purchase Options

Current through Vol. 41, No. 20, July 1, 2024
(a) An electric utility may elect to file an
				application pursuant to 17 O.S. Section 286(C), as amended, and this subchapter
				seeking approval by the Commission to construct a new electric generating
				facility, to purchase an existing electric generation facility or to enter into
				a long-term contract for purchased power and/or energy.
(b) Upon application by an electric utility
				pursuant to this Subchapter, the Commission shall review the requested cost
				recovery.
(c) If the soliciting
				utility wishes to consider an option for full or partial ownership of a
				self-build option, the utility must submit its construction proposal
				("Self-build Proposal") to provide all or part of the capacity requested in the
				RFP stated in 165:35-34 at the same time the bids are requested.
(d) Once submitted, the Self-build Proposal
				may not be modified by the soliciting utility. If a Self-build Proposal is
				selected and approved by the Commission, the amount the soliciting utility
				shall recover through the rate base or other cost-recovery methods without
				additional Commission approval is limited to the total project cost identified
				in the Self-build Proposal.
(e) A
				Cause shall be opened by the utility for cost recovery if the competitive
				bidding RFP process established in 165:35-34 is not utilized and the utility
				wishes to gain approval of cost before construction starts.
(f) Bid responses will be opened with the
				Independent Evaluator, Commission and the Attorney General present.
(g) Bid award terms and conditions shall be
				posted on the utility's web site or electronic bulletin board within sixty (60)
				calendar days after receipt, with a notice to the Commission.
(h) The Commission decision approving or
				denying the plan shall address the contents of the utility's resource plan,
				including its fuel procurement plan, purchased-power procurement plan, and risk
				management plan. If the record contains sufficient evidence, the Commission
				shall specifically approve or reject:
(1) The
				utility's proposed plans for resources in the planning period,
(2) The utility's proposed plans for
				acquiring additional resources through the competitive acquisition process, and
(3) The utility's proposed RFP(s).
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 39 - Minimum Filing Requirements › Section 165:35-39-1 - Purpose and Scope of this Subchapter

Current through Vol. 41, No. 20, July 1, 2024
(a) The purpose of this Subchapter is to
				establish fair and reasonable rules and procedures for the Minimum Filing
				Requirements ("MFR") associated with the annual audit of fuel, purchased power
				cost recovery and purchased power supply acquisitions, of a utility ("Fuel
				Audit"), including but not limited to Prudence Reviews. These MFRs set forth
				the information to be filed and the documentation to be made available for
				examination by PUD Staff, the Attorney General, and to those parties that have
				intervened in the proceeding, subject to the appropriate confidentiality
				measures.
(b) It is the intent of
				the Commission to establish a set of standards for the filing of MFR Packages
				that will facilitate the Commission's responsibilities in conducting Fuel
				Audits and Prudence Reviews and reflect the practices and policies of the
				Commission.
Added at 24 Ok Reg 1827,
				  eff 7-1-07; Amended at 28 Ok Reg 2252, eff
				  7-25-11
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 39 - Minimum Filing Requirements › Section 165:35-39-3 - Confidential Information

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Commission recognizes that some information to be disclosed within the MFR
				Package may be proprietary or business sensitive and such information should be
				treated as confidential for the protection of the utility and/or its customers.
				Schedules requiring the disclosure of confidential information shall contain, a
				statement to that effect in the MFR Package, and disclosure of confidential
				information shall be withheld until the Commission issues an appropriate
				protective order pursuant to 17 O.S. § 24A.22 . Any confidential
				information shall be specifically identified in each such schedule contained
				within the MFR Package. The utility shall file a motion for a protective order
				identifying the confidential information to be protected simultaneously with
				the filing of the MFR Package, and the Commission shall determine the manner in
				which confidential information should be protected.
(b) Information deemed to be confidential by
				the utility may be withheld from disclosure until the Commission issues an
				appropriate protective order.
(c)
				All information supplied by the utility in connection with any Fuel Audit or
				Prudence Review, except that information subject to a requested or existing
				protective order, shall be considered in the public domain.
Added at 24 Ok Reg 1827,
				  eff 7-1-07
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 39 - Minimum Filing Requirements › Section 165:35-39-4 - Initiation of Fuel Audit or Prudence Review

Current through Vol. 41, No. 20, July 1, 2024
(a) PUD Staff shall initiate a Fuel Audit or
				Prudence Review by filing an application identifying the utility or utilities
				subject to the Fuel Audit or Prudence Review and identifying the period of time
				the Fuel Audit or Prudence Review is intended to cover. PUD Staff shall file
				its application for a Fuel Audit or Prudence Review no sooner than one hundred
				fifty (150) calendar days subsequent to the end of the period identified for
				review.
(b) Each utility being
				reviewed shall make a filing meeting the MFRs, sixty (60) calendar days after
				PUD has filed an application commencing a Fuel Audit or Prudence Review. The
				MFR Package shall contain documentation as described in this Subchapter
				covering January through December, of the period identified in the
				application.
(c) All Class A
				Electric Companies as outlined in OAC
				165:70-1-4(a)(1)(A),
				whether for Fuel Audit or Prudence Review, shall file direct testimony
				concurrently with the filing of the MFR Package.
Added at 24 Ok Reg 1827,
				  eff 7-1-07; Amended at 28 Ok Reg 2252, eff
				  7-25-11
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 39 - Minimum Filing Requirements › Section 165:35-39-5 - Actual Fuel and Purchased Power Expenses

Current through Vol. 41, No. 20, July 1, 2024
Under this Section, a utility must file documentation of
				  actual fuel expenses, purchased power expenses, and off-system power sales
				  revenues that occurred during the Review Period. This information should be
				  contained in Schedule A of the MFR Package, consisting of the following:
(1) A thorough and detailed narrative
				of the fuel and purchased power expenses, procurement practices, and
				procedures;
(2) An electronic
				spreadsheet summary of annual volumes and expenses and revenues for fuel and
				purchased power, consistent with the format of the utility's monthly Fuel
				Adjustment Clause (FAC) filings;
(3) Electronic copies of the utility's
				monthly FAC filings. The spreadsheet should include a tabular summary of the
				type, volume and expense/revenues associated with affiliate fuel and purchased
				power transactions, and the summary should address energy production by
				separate fuel types;
(4) A
				comparison in matrix form of fuel and purchased power expenses and off-system
				sales revenues for the Review Period identified in PUD's application and for
				the previous two most recent years;
(5) A narrative explanation of the key
				factors and events that had a Material Impact on the utility's actual fuel and
				purchased power expenses, and their relative magnitudes.
Added at 24 Ok Reg 1827,
				  eff 7-1-07; Amended at 28 Ok Reg 2252, eff
				  7-25-11
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 39 - Minimum Filing Requirements › Section 165:35-39-6 - Fuel and Purchased Power Procurement, and REC Management Practices

Current through Vol. 41, No. 20, July 1, 2024
Schedule B of the MFR Package shall include a thorough and
				  detailed narrative for the fuel and purchased power procurement practices and
				  procedures, both short-term and long-term, of the utility during the Review
				  Period, and REC management practices, with the following information:
(1) A list of the fuel and purchased power
				procurement practices, REC management practices, and Risk Management Plans
				relevant to the Review Period that are filed with the Commission together with
				copies of all such plans previously submitted but not filed;
(2) A list of Material Deviations from the
				fuel and purchased power procurement and Risk Management Plans as the plans
				were implemented during the Review Period to include a discussion of any
				resulting price exposure and the causes for the Material Deviations from the
				plans to include material sales and/or purchases from the Southwest Power Pool
				Energy Imbalance Service (EIS) Market;
(3) A description of the safeguards in place
				concerning affiliate transactions to ensure fair treatment of non-affiliated
				potential providers of commodities or services;
(4) A list of fuel and purchased power
				solicitations and actions during the Review Period, including the type of
				competitive procurement methods used, the timeline for each solicitation, a
				narrative description of each solicitation, and copies of major fuel and
				purchased power transactions resulting from such solicitations of one month or
				more in duration.
Added at 24 Ok Reg 1827,
				  eff 7-1-07; Amended at 28 Ok Reg 2252, eff
				  7-25-11
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 39 - Minimum Filing Requirements › Section 165:35-39-7 - Fuel, Purchased Power, Wind Energy Purchased Power and Fuel-Related Contracts

Current through Vol. 41, No. 20, July 1, 2024
Schedule C of the MFR Package shall include the following
				  information related to fuel, purchased power, wind energy purchased power and
				  fuel-related contracts in effect during the Review Period:
(1) A list of all fuel and fuel-related
				contracts in effect during the Review Period between the utility and any
				affiliate of the utility that supplied fuel or fuel-related services to the
				utility;
(2) A list of all natural
				gas contracts in effect during the Review Period including natural gas
				contracts having a term less than one year, which are considered "spot market"
				contracts. The utility may provide one or more "generic" contracts which
				represent the terms of individual spot market contracts, in lieu of the natural
				gas contracts. The following information relating to all gas purchase
				contracts, including contracts with affiliates, shall be provided in summary
				form:
(A) Contract number/serial number/other
				designation;
(B) Supplier;
(C) Negotiation date or date
				signed; and
(D) Term and specific
				service provided under the contract
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 39 - Minimum Filing Requirements › Section 165:35-39-8 - Fuel Transportation Agreements

Current through Vol. 41, No. 20, July 1, 2024
Schedule -D- of the MFR Package. Provide a list of each
				  transportation agreement that was in place for natural gas and coal, the
				  associated volumes transported, and the annual expense. Identify the agreements
				  utilized during the Review Period.
Added at 24 Ok Reg 1827,
				  eff 7-1-07
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 39 - Minimum Filing Requirements › Section 165:35-39-9 - Disclosure of all Fuel Related and Purchased Power Affiliate Transactions

Current through Vol. 41, No. 20, July 1, 2024
Schedule -E- of the MFR Package. To the extent that a utility
				  has not provided a complete disclosure of all fuel related affiliate
				  transactions during the recovery period in response to the disclosure
				  requirements otherwise set forth in this Subchapter, the utility shall provide
				  a narrative explanation of any such transactions.
Added at 24 Ok Reg 1827,
				  eff 7-1-07
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 39 - Minimum Filing Requirements › Section 165:35-39-10 - Material Public Filings and Disclosures

Current through Vol. 41, No. 20, July 1, 2024
Schedule -F- of the MFR Package. Each utility shall file a
				  list of all material public filings and disclosures made to this Commission,
				  the FERC, or the SEC in which the utility disclosed information related to
				  fuel, purchased power, off-system sales, or fuel procurement relevant to the
				  Review Period.
Added at 24 Ok Reg 1827,
				  eff 7-1-07
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 39 - Minimum Filing Requirements › Section 165:35-39-11 - Generator Availability and Dispatch

Current through Vol. 41, No. 20, July 1, 2024
Schedule G of the MFR Package shall include generator
				  availability and dispatch during the Review Period and a narrative description
				  of the same, including Material Deviations from planned operations including
				  the following:
(1) A tabular summary
				of the monthly availability and output of each utility generating unit and any
				major non-utility generating unit under long-term contract to the extent
				available;
(2) A narrative
				description of each generating unit utilized by the utility during the Review
				Period, the manner in which it operated (i.e. baseload energy, peaking, load
				following service, ancillary services, etc.) during the Review Period, and the
				annual average heat rate achieved by each generating unit during the Review
				Period including the actual average monthly heat rate by including MMBtu burned
				per unit per month and the KWH generated each month for each unit;
(3) A narrative explanation of all
				significant unusual events with respect to generating unit availability and the
				extent to which the events affected the utility's fuel and purchased power
				expenses;
(4) A list of forced and
				scheduled outages and deratings whether it was an unplanned outage or forced
				outage that occurred during the fuel Review Period. Information submitted
				should contain unit name, date started, date ended, duration of outage or power
				reduction in hours, reason for outage or information may be reported consistent
				with North American Electric Reliability Corporation (NERC) Generating
				Availability Data Survey (GADS) reporting requirements in effect during the
				Review Period for each utility generating unit, including a description of the
				reason(s) for each outage and derating;
(5) Description and explanation of any
				limitations on the output of utility generating units, including excess
				supplies or shortages of fuel; and
(6) A tabular summary of utility owned wind
				generation which includes:
(A) Name of wind
				facility;
(B) Name plate capability
				for each facility;
(C) Monthly
				capacity factor for each facility;
(D) Annual capacity factor for each
				facility;
(E) Actual MWH
				output;
(F) Unit value amount of
				PTC (credit/MWH);
(G) PTCs
				generated; and
(H) REC information,
				including amount sold, sales revenue, and expiration dates.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 39 - Minimum Filing Requirements › Section 165:35-39-12 - Eligible Fuel Costs

Current through Vol. 41, No. 20, July 1, 2024
Schedule -H- of the MFR Package shall contain the
				  following:
(1) The utility shall
				provide in this schedule a distribution of eligible fuel expenses for each
				month of the eligible period, in the following categories for each generating
				station:
(A) Coal and Lignite: Coal and
				lignite costs as delivered to the utility's plants;
(B) Natural Gas:
(i) Gas cost;
(ii) Gas transportation (if contracted
				separately);
(iii) Gas storage (if
				contracted separately); and
(iv)
				Other costs (specify);
(C) Fuel Oil:
(i) Oil cost, and
(ii) Other costs (specify).
(D) Other costs: If costs are not
				readily identifiable and separable in the Company's accounting system, and are
				included in a cost category listed above, then indicate the type of costs and
				the cost category in which they are included.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 39 - Minimum Filing Requirements › Section 165:35-39-13 - Sunset Provisions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 24 Ok Reg 1827,
				  eff 7-1-07; Revoked at 28 Ok Reg 2252, eff
				  7-25-11
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 41 - Demand Programs › Section 165:35-41-1 - 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 implementation of 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, 2016 and thereafter.
Added at 26 Ok Reg 1849,
				  eff 6-25-09
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 41 - Demand Programs › Section 165:35-41-2 - Goals

Current through Vol. 41, No. 20, July 1, 2024
(a) The goals of
				Demand Programs are to:
(1) Minimize the
				long-term cost of utility service,
(2) Avoid or delay the need for new
				generation, transmission, and distribution investment, and
(3) Encourage and enable utility customers to
				make the most efficient use of utility capacity and energy and reduce wasteful
				use of energy.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 41 - Demand Programs › Section 165:35-41-5 - 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 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) Forecasts of utility plant that would be
				required absent savings from the energy efficiency and demand response
				programs;
(9) Consistency with the
				most recently filed integrated resource plan;
(10) The effect on the environment, to the
				extent of Commission authority; and
(11) Other evidence the Commission finds
				relevant.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 41 - Demand Programs › Section 165:35-41-6 - 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 energy efficiency
				and demand response 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 energy
				efficiency and demand response programs;
(2) To assess the effects of programs on the
				market for energy efficient products and services and products and services
				that support demand response programs; and
(3) To assess the effectiveness of the
				administration and implementation of energy efficiency and demand response
				programs.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 41 - Demand Programs › Section 165:35-41-8 - 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 individual utility's goal ratio
				(Verified savings divided by the Projected savings); and
(2) the Demand Portfolio achieves a total
				resource cost test benefit/cost ratio (TRC:B/CR) that is greater than one;
				and
(3) the Demand Portfolio
				achieves a utility cost (UC) test benefit/cost ratio that is greater than
				1.2.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 35 - Electric Utility Rules › Subchapter 41 - Demand Programs › Section 165:35-41-9 - 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
				165:35-41-7. 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 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
				165:35-41-4,
				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 35 - Electric Utility Rules › Subchapter 43 - Transmission Only Utility › Section 165:35-43-1 - Purpose of this Subchapter

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to establish fair, just and
				  reasonable rules and procedures for a Utility that builds, constructs, owns,
				  operates, controls, manages or maintains Transmission Line(s) or services
				  within the State of Oklahoma. This Subchapter applies to Transmission Only
				  Utilities that build, construct, own, operate, control, manage or maintain
				  Transmission Line(s) within the State of Oklahoma. This Subchapter does not
				  address a Utility's authority to exercise eminent domain, condemnation, siting,
				  or project-specific approval.
Added at 29 Ok Reg 1541,
				  eff 7-12-12