reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 11 - Customer Service › Part 5 - CHARACTER OF SERVICE › Section 165:45-11-34 - Free service; service to consumer's appliances

Current through Vol. 41, No. 20, July 1, 2024
(a) Each gas utility shall have on file with
				  the Commission a detailed statement of all free service of any nature furnished
				  or offered to any consumer or class of consumers. The utility shall offer the
				  same free service to all consumers of the same class. The utility shall not
				  discontinue, change or amend its policy, or offer any new free service or type
				  of free service to any consumer or class of consumers except upon order of the
				  Commission made upon application, and such notice and hearing as the Commission
				  shall direct.
(b) A utility may,
				  with approval of the Commission, service or repair gas appliances or gas piping
				  owned by its consumers and make a charge for such service. The Commission, upon
				  application of the utility and after notice and hearing, may grant the utility
				  authority to service and repair all specified types of gas appliances or gas
				  installations of consumers in the State of Oklahoma or in a specified town,
				  city, or locality. Each utility shall maintain books and records with regard to
				  service and repair of consumer appliances pursuant to 17 O.S. (1991) §
				  154. Any authority granted pursuant to this Section shall not supersede any
				  federal, state, or local requirements for licensing of service
				  providers.
Amended at 13 Ok Reg
					 3259, eff 7-25-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 11 - Customer Service › Part 5 - CHARACTER OF SERVICE › Section 165:45-11-35 - Change in character of service

Current through Vol. 41, No. 20, July 1, 2024
(a) If a change in service to a consumer is
				  required for the convenience or benefit of the utility, the utility shall pay
				  such part of the cost of changing the consumer's equipment as determined by
				  mutual agreement, or by the Commission in the absence of such an agreement,
				  including the cost of making the necessary change in consumer piping. This
				  subsection shall not apply to discontinuance of service because of abandonment
				  of nondistribution piping.
(b) Each
				  utility shall, upon request, give its consumers such information and assistance
				  as is reasonable in order that consumers may secure safe and efficient service.
				  Upon request, the utility shall render every reasonable assistance in securing
				  appliances properly adapted and adjusted to the service furnished. This Section
				  shall not be interpreted to authorize servicing or repair of appliances of a
				  consumer by a utility.
(c) Any
				  change in the heating value or the characteristics of the gas service which may
				  impair safe operation or materially affect the utilization of the gas in the
				  consumer's appliances shall not be made without the approval of the Commission
				  and adequate notice to all consumers affected. In such event, the gas utility
				  shall make any necessary adjustments to the consumer's appliances without
				  charge and shall conduct the adjustment program with a minimum of inconvenience
				  to the consumers.
Amended at 13 Ok Reg
					 3259, eff 7-25-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 11 - Customer Service › Part 7 - BILLS › Section 165:45-11-40 - Office location and telephone listing

Current through Vol. 41, No. 20, July 1, 2024
(a) Where economically feasible, each gas
				  utility shall provide an office or agent in or convenient to each municipality
				  served by it where the consumer may pay bills, which office or agency shall be
				  open for business during posted business hours.
(b) The utility shall provide in each
				  directory published by the telephone company in any areas the utility serves, a
				  telephone listing of the number by which the utility can be notified at any
				  time during a twenty-four (24) hour day of any utility service deficiency or
				  emergency.
Amended at 13 Ok Reg
					 3259, eff 7-25-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 11 - Customer Service › Part 7 - BILLS › Section 165:45-11-41 - Information on bills

Current through Vol. 41, No. 20, July 1, 2024
The utility shall bill each consumer as promptly as
					 possible following the reading of the consumer's meter. The bill shall show:
(1) The reading of the meter at the
				  end of the period for which the bill is rendered.
(2) The date on which the meter was read, or
				  the end of the billing period.
(3)
				  The number and kind of units metered.
(4) The applicable rate schedule or
				  identification of the applicable rate schedule. If the actual rates are not
				  shown, the bill shall carry a statement to the effect that the applicable rate
				  schedule will be furnished upon request.
(5) The total amount due for gas used. In the
				  case of prepayment meters, the amount of money collected shall be shown.
(6) The date by which the consumer
				  must pay the bill in order to avoid addition of a penalty.
(7) The total amount due after addition of
				  any penalty for nonpayment within a designated period or the dollar amount of
				  the penalty or the rate at which the penalty will be calculated. The terms
				  "gross bill" and "net bill" or other similar terms implying the granting of a
				  discount for prompt payment shall not be used where a penalty is added for
				  nonpayment within a designated period.
(8) A distinct marking to identify an
				  estimated bill.
(9) Any conversions
				  from meter reading units to billing units, any calculations to determine
				  billing units from recording or other devices, or any other factors used in
				  determining the bill.
(10) Total
				  tax amount billed, pursuant to OAC
				  165:45-15-3.
(11) The purchased gas adjustment ("PGA")
				  amounts associated with the respective clauses on the consumer's bill.
(12) The amount due pursuant to an
				  Equalized (Average, Budget, Equal, Levelized, etc.) Monthly Payment Plan shall
				  be shown on the bill, when applicable.
(13) Utilities that serve one-hundred
				  fifty-thousand Oklahoma Customers or more; the historical usage, e.g., a chart,
				  table or graph, shall be displayed prominently on each bill, depicting the
				  actual usage of the residential customer, at the place of service for which the
				  bill is issued. Such historical usage shall be tracked and displayed over the
				  previous twelve (12) month period.
(14) Utilities that serve less than one
				  hundred fifty thousand Oklahoma Customers shall provide, in a conspicuous
				  manner, notice on each residential customer bill that historical usage
				  information is available at no charge, upon the consumer's request.
(15) The name and toll-free telephone number
				  of the Commission's CSD, to which the end-user may direct complaints and
				  questions regarding utility services.
Amended at 13 Ok Reg
					 3259, eff 7-25-96; Amended at 19 Ok Reg 1977, eff
					 7-1-02
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 11 - Customer Service › Part 7 - BILLS › Section 165:45-11-42 - Penalty or charge for late payment and payment by negotiable instrument

Current through Vol. 41, No. 20, July 1, 2024
(a)
Late
				  payment penalty.
A utility may make a penalty charge in an amount not to
				  exceed one and one-half percent of the charges for gas service for delay in
				  receipt of payment by the utility past the due date of the bill. If a utility,
				  prior to the effective date of the 1996 amendments to this Section, is charging
				  a penalty in excess of one and one-half percent of the charges for gas service,
				  such utility will be allowed to continue to collect the previously approved
				  percentage until such time as its rates are next reviewed by the Commission.
				  The due date shall be stated on the face of the bill and shall not be earlier
				  than ten (10) calendar days after the bill was mailed or provided
				  electronically to customers who had made an affirmative election to receive
				  electronic notification of such information, except that for residential
				  consumers, the due date shall not be earlier than twenty (20) calendar days
				  after the bill is mailed, or provided electronically to customers who had made
				  an affirmative election to receive electronic notification of such information.
				  If no late charge is imposed, the due date of a bill shall not be less than
				  fourteen (14) calendar days after the date a bill is mailed. The late payment
				  penalty may be applied at any time after the due date to any unpaid balance due
				  at the time of assessment.
(b)
Delay of monthly bill.
Utilities offering billing programs that
				  delay issuing the monthly bill (i.e., summary billing, preferred due date
				  billing, etc.) may request an earlier due date.
(c)
Payment by negotiable
				  instrument.
The utility shall not refuse to accept payment by check from
				  any consumer unless the utility has, within the preceding twelve (12) months,
				  received as tendered payment of the consumer's account two (2) or more
				  negotiable instruments which were dishonored by the financial institution on
				  which they were drawn. If payment by a negotiable instrument is given in
				  response to a disconnect notice, the utility may contact the financial
				  institution involved for verification of sufficient funds in the account to
				  cover the negotiable instrument. If the account does not contain sufficient
				  funds for payment, the utility may reject the offered negotiable instrument.
				  The utility may make a charge outlined in its tariffs for negotiable
				  instruments which are dishonored.
Amended at 13 Ok Reg
					 3259, eff 7-25-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 11 - Customer Service › Part 7 - BILLS › Section 165:45-11-43 - Equalized Monthly Payment Plan (EMP)

Current through Vol. 41, No. 20, July 1, 2024
(a) Each utility shall offer to its
				  residential consumers the option of being billed on an Equalized (Average,
				  Budget, Equal, Levelized, etc.) Monthly Payment Plan. Each utility's plan shall
				  be submitted to the Commission for approval and shall then become a part of
				  that utility's approved tariffs.
(b) At least once a year, and consistent with
				  OAC
				  165:45-11-4(b)
				  above, the utility shall give written notice to its residential consumers of
				  the availability of an Equalized Monthly Payment Plan.
Added at 13 Ok Reg
					 3259, eff 7-25-96; Amended at 19 Ok Reg 1977, eff
					 7-1-02
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 13 - Promotional Policies and Practices › Section 165:45-13-1 - Provisions governing promotional policies and practices

Current through Vol. 41, No. 20, July 1, 2024
The promotional policies and practices of each utility shall
				  be governed by 17 O.S. (1991) §§180.1 et seq., and future amendments
				  or supplements thereto.
Amended at 13 Ok Reg
				  3259, eff 7-25-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 13 - Promotional Policies and Practices › Section 165:45-13-2 - Promotional practices prohibited [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 13 Ok Reg
				  3259, eff 7-25-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 13 - Promotional Policies and Practices › Section 165:45-13-3 - Promotional practices permitted [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 13 Ok Reg
				  3259, eff 7-25-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 13 - Promotional Policies and Practices › Section 165:45-13-4 - Advertising expenditures prohibited [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 13 Ok Reg
				  3259, eff 7-25-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 13 - Promotional Policies and Practices › Section 165:45-13-5 - Advertising expenditures permitted [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 13 Ok Reg
				  3259, eff 7-25-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 13 - Promotional Policies and Practices › Section 165:45-13-6 - Contributions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 13 Ok Reg
				  3259, eff 7-25-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 13 - Promotional Policies and Practices › Section 165:45-13-7 - Submission of promotional practices

Current through Vol. 41, No. 20, July 1, 2024
The utility shall submit an annual submission of current
				  promotional practices by May 1, and as programs are updated, to PUD.The report
				  shall include a list and description of all promotional practices and
				  activities. Although submission by the utility shall not assume approval by PUD
				  , it will allow PUD and the utility to review and dialogue as to the
				  appropriateness of the promotional practices, whether or not the expenses
				  should be recovered through rates, and ensure that the promotional practices
				  are provided on a nondiscriminatory basis.
Amended at 13 Ok Reg
				  3259, eff 7-25-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 13 - Promotional Policies and Practices › Section 165:45-13-8 - Exceptions; prior conditions and rules [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 13 Ok Reg
				  3259, eff 7-25-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 15 - Miscellaneous Provisions › Section 165:45-15-1 - Resale of gas prohibited

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Gas and/or service furnished by a utility shall not be resold or caused to be
				resold by any consumer except pursuant to a tariff or special contract on file
				with and approved by the Commission which authorizes resale. Except as set
				forth in subsection b below, no utility shall knowingly furnish gas and/or
				service under a retail tariff for purposes of resale, except pursuant to a
				tariff or special contract approved by and on file with the
				Commission.
(b) If it comes to the
				attention of the utility that any consumer is reselling gas, it shall notify
				the Commission's Pipeline Safety Department and the PUD Director of the name
				and address of any consumer reselling gas and/or service. Unless otherwise
				directed, the utility may continue to provide gas and/or service to the
				consumer pending review and action by the Commission's Pipeline Safety
				Department or the PUD Director. This Section shall not apply to the sales of
				natural gas to or by a distributor for use as a vehicular fuel.
Amended at 13 Ok Reg
				  3259, eff 7-25-96; Amended at 22 Ok Reg 1808, eff
				  7-1-05
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 15 - Miscellaneous Provisions › Section 165:45-15-2 - Filing of rate schedules, contracts, agreements, and terms and conditions

Current through Vol. 41, No. 20, July 1, 2024
(a) It shall be
				unlawful for a utility to furnish, charge for, or receive payment for gas
				service, except as authorized by a tariff, special contract or rate schedule on
				file with and approved by the Commission.
(b) No jurisdictional tariff or rate schedule
				shall be added, deleted, changed, closed, discontinued, or instituted except by
				order of the Commission after such notice and hearing, if any, as directed by
				the Commission or otherwise pursuant to the laws of the state of
				Oklahoma.
(c) Annual tariff
				submissions submitted for review and approval by the PUD Director, pursuant to
				prior Commission order, may be accepted or rejected. If there is a dispute and
				resolution is not accomplished, the tariff shall be subject to refund as of the
				date of notice of filing of a cause before the Commission to resolve the
				dispute.
(d) A utility shall not
				demand or accept payment for service of any kind of a sum greater or less than
				specified in an approved tariff.
(e) A special contract or agreement other
				than a filed tariff under which gas service is furnished to one (1) or more
				consumers shall be deemed a tariff for purposes of this Section. No service
				shall be furnished pursuant to such a contract which has not been filed with
				and approved by the Commission. Any special contract for gas service shall not
				become effective except after approval by order of the Commission as herein
				provided for a tariff.
(f) The
				utility shall maintain in each local office or furnish to a member of the
				public on request:
(1) A copy of every tariff
				and rate schedule under which gas service is being furnished to consumers
				within the area serviced by that local office.
(2) A copy of the approved terms and
				conditions of service of the utility governing furnishing of gas service.
(3) A copy of this Chapter, and
				all amendments thereto.
(4) A copy
				of every franchise, agreement, or permit granted a utility by any municipality
				and a copy of each rate schedule and contract approved by the FERC applicable
				to sales by the utility in the State of Oklahoma.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 15 - Miscellaneous Provisions › Section 165:45-15-3 - Municipal fees, taxes, and other exactions

Current through Vol. 41, No. 20, July 1, 2024
The aggregate amount of all franchise payments, or
				  contributions or payments in lieu thereof, or other exactions imposed upon gas
				  utilities by any municipality of this state for engaging in business within the
				  municipality, or for the use and occupancy of its streets and public ways is a
				  matter between the municipality and the gas utility. The amount of the
				  exactions charged to and collected from the consumers by the utility shall be
				  in accordance with the respective municipal ordinance or statute. The amount of
				  such exactions shall be charged to consumers within said municipality pro rata
				  in accordance with actual revenue associated with the provided service. The
				  amount of such charges shall be separately stated as a line item on the regular
				  billings to consumers as a dollar amount.
Amended at 14 Ok Reg
				  2561, eff 7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 15 - Miscellaneous Provisions › Section 165:45-15-4 - Settlement of disputes

Current through Vol. 41, No. 20, July 1, 2024
Whenever a dispute or disagreement arises involving the
				  furnishing of utility service or the interpretation of this Chapter, either the
				  utility or any person affected may request the Commission's CSD to mediate the
				  dispute, or file a written application or complaint with the Commission. The
				  Commission, after notice and hearing, will make such order thereon as it may
				  deem proper. Proceedings upon such an application or complaint will be governed
				  by the provisions of OAC 165:5.
Amended at 13 Ok Reg
				  3259, eff 7-25-96
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-2 - Scope of Subchapter

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				competitive bidding, affiliate transactions and financial transactions rules
				(such as stock, bond, derivatives, and any financing instrument issuance) are
				promulgated to establish enforcement, reporting and monitoring provisions of
				utilities regarding these transactions.
(b) The intention of this Subchapter includes
				[but is not limited to]:
(1) The establishment
				of standards for transactions between utilities and their affiliates for
				purposes of determining fair, just and reasonable rates and charges;
(2) The prevention of subsidization of an
				affiliate by a utility;
(3) The
				support of fair and clear cost allocations; and
(4) The protection of customers of a utility
				from being subjected to any unreasonable financial obligations or costs of an
				affiliate.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-4 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
				  2177, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-5 - Confidential information

Current through Vol. 41, No. 20, July 1, 2024
(a) If a
				utility or any entity that seeks to competitively bid to provide the natural
				gas services of gas supply, gathering, transmission and storage upstream of the
				citygate, is required by this Subchapter to submit information to the
				Commission that is alleged to be confidential, a motion for a protective order
				concerning said confidential information may be filed requesting a
				determination be made by the Commission to protect said information pursuant to
				51 O.S. §
									24A.22.
(b) A bid which is determined to be a
				successful bid, pursuant to the competitive bidding process of OAC
				165:45-17-13,
				must be publicly disclosed and shall not be subject to the confidentiality
				provisions of this Subchapter, unless otherwise ordered by the
				Commission.
(c) Pending a
				determination regarding approval of any protective order by the Commission, the
				Staff may, at its option, review the information claimed to be confidential at
				a mutually agreed upon location.
(d) In the absence of a protective order, all
				information considered by the Commission in establishing utility unbundled
				tariffs shall not be maintained in confidence by the Commission.
Added at 15 Ok Reg 2177,
				  eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-6 - Exemption for corporate and shared services

Current through Vol. 41, No. 20, July 1, 2024
Corporate and support services are exempt from asymmetrical
				  pricing, to the extent that the affiliate information requirements in Chapter
				  70 and
				  165:45-17-3(d)
				  are satisfied.
Reserved at 15 Ok Reg
				  2177, eff 7-1-98; Added at 21 Ok Reg 2095, eff
				  7-1-04
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-8 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
				  2177, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-10 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
				  2177, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-12 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
				  2177, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-13 - Competitive bidding

Current through Vol. 41, No. 20, July 1, 2024
(a) To
				effectuate the policy of the Commission that a competitive bidding process is
				among the most effective means to restructure the natural gas service industry
				in such a manner that will be in the best public interest of all natural gas
				consumers, and that would complement and improve the state's economic growth by
				increasing its market base for natural gas, natural gas utilities are to
				acquire citygate or Commission approved aggregation point gas services through
				a public bidding process, unless otherwise ordered by the Commission, in
				accordance with the schedule set forth in each utility's Commission approved
				unbundling plan, which bidding process shall be subject to Commission
				oversight.
(b) Recognizing the
				importance to expediently implement the Commission's policy to begin a
				competitive bidding process by the heating season of 1998, the citygates of
				Oklahoma City and Tulsa will have an in-service date of November 1, 1998,
				subject to a final order by the Commission approving the utility's unbundling
				plan prior to September 1, 1998. Such bidding shall not commence until the
				utility's unbundling plan is approved by the Commission.
(c) Any entity desiring to provide the
				natural gas services of gas supply, gathering, transmission or storage upstream
				of the citygate or Commission approved aggregation point for a utility may file
				with the Commission, with a copy mailed to the utility, a written notice of its
				desire to provide one or more of such citygate natural gas service(s). Such
				notice shall identify with specificity:
(1)
				The type of natural gas services it proposes to provide and the geographic
				areas in which the service(s) would be rendered;
(2) The facilities which would be used in the
				provision of such service; and
(3)
				The capacity of such facilities.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-14 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
				  2177, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-15 - How effective competition is to be determined

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon application by an interested party,
				the Commission may commence an investigation to determine whether the provision
				of one or more natural gas services is subject to effective competition. Such
				determination may only be made on an unbundled and citygate by citygate or
				other Commission approved geographic area basis.
(b) In determining whether a natural gas
				service is subject to effective competition, factors which the Commission may
				consider include, but are not limited to:
(1)
				The number and size of competing providers operating in the relevant geographic
				area;
(2) The extent to which
				comparable natural gas services are available from competing providers in the
				relevant market;
(3) The ability of
				competing providers to provide equivalent natural gas services quantity and
				reliability at competitive rates, terms and conditions;
(4) Market barriers;
(5) Public interest consideration;
				and
(6) Other indicators of market
				power with respect to the subject service, which may include market share,
				growth in market share, and whether the competing providers of natural gas
				services are affiliated with the natural gas utility.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-16 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
				  2177, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-17 - Public information regarding competitive bidding; bypass and partial and standby service

Current through Vol. 41, No. 20, July 1, 2024
(a)
Public information regarding competitive bidding.
Each intrastate
				pipeline or utility owned transmission pipeline shall establish and operate a
				public web site. The public web site shall be accessible through the Internet
				and will allow for the posting of gas bidding information in the State of
				Oklahoma. Within one hundred and twenty (120) calendar days from the effective
				date of this Subchapter, the transmission pipeline shall submit a good faith
				statement of operation to the PUD Director which states that the public web
				site has been established, is operational and is accessible via the Internet,
				and shall give the specific address of the site.
(1) The following information shall be posted
				to the site within a reasonable time of the transaction:
(A) Operationally available capacity at
				mutually agreeable citygate or Commission approved aggregation points and
				selected interstate delivery points; and
(B) Prices for operationally available
				capacity at those delivery points itemized in (A) above.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-18 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
				  2177, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-19 - Utility stranded costs

Current through Vol. 41, No. 20, July 1, 2024
It is recognized that a utility, as a result of the
				  restructuring and unbundling of its natural gas services pursuant to this
				  Subchapter, may have stranded costs. After the Commission has approved the
				  utility's unbundling plan, any utility may seek to recover its prudent and
				  verifiable stranded costs through the filing of a general rate cause or through
				  an application for recovery of its stranded costs. If the utility elects to
				  file an application for recovery of its stranded costs outside of a general
				  rate cause, the utility shall provide information and data comparable to the
				  information and data required pursuant to OAC 165:70, unless otherwise ordered
				  by the Commission. The Commission shall conduct a hearing and the utility shall
				  have the burden of identifying proposed stranded costs, the amount of such
				  costs and proposed methods for recovery of its stranded and/or transitional
				  costs. When reviewing the utility's request to recover said costs, the
				  Commission may consider mitigation strategies of the utility. Following notice
				  and hearing, the Commission shall determine the amount of any stranded cost
				  which may be recovered from the utilities' customers and the manner in which
				  such recovery shall occur. The Commission recognizes that after the initial
				  hearing process there may be a need to allow for additional hearings for
				  "true-up" purposes.
Added at 15 Ok Reg 2177,
				  eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-20 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
				  2177, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-21 - Transitional costs

Current through Vol. 41, No. 20, July 1, 2024
Transitional costs, upon application, after notice and
				  hearing and order of the Commission, shall be entitled to immediate recovery to
				  the extent that such transition costs are incurred as a result of the
				  restructuring of the natural gas service industry. Further the Commission
				  recognizes that small utilities may need to seek recovery of transitional costs
				  earlier in the unbundling process.
Added at 15 Ok Reg 2177,
				  eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-22 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
				  2177, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-24.1 - Financial transactions by utilities or their affiliate(s)

Current through Vol. 41, No. 20, July 1, 2024
(a)
Financial
				transactions.
Financial transactions include, but are not limited to,
				stock, bond, derivatives, and any financing instrument issuance as well any
				debt, equity, derivative or related transaction.
(b)
Separate books and records.
A utility shall keep separate books of accounts and records from its
				affiliates. The Commission may review records relating to any transaction
				between a utility and an affiliate to ensure compliance with this Subchapter
				including the records of both the utility and the affiliate relating to that
				transaction.
(1) In accordance with generally
				accepted accounting principles, a utility shall record all transactions with
				its affiliates, whether they involve direct or indirect expenses.
(2) A utility shall prepare non-GAAP
				financial statements that are not consolidated with those of its
				affiliates.
(3) A utility shall
				have a cost allocation manual or upon Commission request, be able to provide
				its cost allocation methodology in written form with supporting documentation.
				Such records shall reflect the transaction and the allocated costs, with
				supporting documentation, to justify the valuation.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-25 - Standards of conduct for competitive bidders

Current through Vol. 41, No. 20, July 1, 2024
(a) Any entity shall have the opportunity to
				competitively bid to provide the natural gas services of gas supply, gathering,
				transmission and storage upstream of the citygate.
(b) The successful competitive bidder must
				sign a contract with the utility detailing the terms for providing natural gas
				services to each citygate or Commission approved aggregation point for which it
				is the successful bidder, such contract will govern all the terms and
				conditions of service. The Commission may review all contracts between the
				utility and the competitive bidder. Competitive bidders must agree to abide by
				the Commission's standards of conduct. The Commission may arbitrate disputes
				regarding compliance with the requirements of this Subchapter.
(c) Both the gas utility and any competitive
				bidder(s) shall not engage in marketing, advertising or public display which is
				discriminatory, predatory, deceptive or which impedes fair competitive
				bidding.
(d) The competitive bidder
				must apply any tariff or contract provision for transportation services which
				provides for discretion in the application of the provision, in a similar
				manner to similarly-situated shippers.
(e) The competitive bidder must enforce any
				tariff or contract provision for transportation services, if there is no
				discretion stated in the tariff or contract in the application of the
				provision, in a similar manner to similarly-situated shippers.
(f) The competitive bidder must not give any
				shipper preference in the provision of transportation services over any other
				similarly-situated shippers.
(g)
				The competitive bidder must process requests for transportation services from
				any shipper in a similar manner and within a similar period of time as it does
				for any other similarly-situated shipper; and maintain its books of account in
				such a fashion that transportation services provided to an affiliate can be
				identified and segregated.
Added at 15 Ok Reg 2177,
				  eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-26 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
				  2177, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-27 - Remedies and enforcement for violation of the standards of conduct

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to OAC
				165:45-17-29
				below, a complaint may be brought to the Commission at any time. The Commission
				encourages informal resolutions. Whenever a controversy does exist in
				connection with the interpretation of this Subchapter, the applicability of the
				requirements set forth herein, or any right or duty imposed thereby; the
				Commission, upon application of any interested party and after notice and
				hearing, will enter such order thereon as it may deem appropriate.
(b) Each violation of this Subchapter shall
				be considered to be a separate occurrence.
(c) If the Commission determines, after
				investigation and an evidentiary hearing, that the natural gas utility has
				violated these affiliate rules, the Commission may assess a fine against the
				utility as set forth in OAC
				165:45-1-6; for
				contempt and may order such further action as may be fair, just and reasonable
				under the circumstances of the proceeding.
(d) The Commission may act upon any violation
				of these standards including but not limited to the following:
(1) Prospective limitation or restriction of
				the amount, percentage or value of transactions entered into between a utility
				and any entity that seeks to competitively bid to supply the natural gas
				services of gas supply, gathering, transmission and storage upstream of the
				citygate;
(2) Denial of recovery of
				costs - all or in part - for business transactions between the utility and the
				affiliate; or
(3) Application of
				any other remedy available to the Commission, including financial
				penalties.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-28 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
				  2177, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-29 - Complaints procedure regarding competitive bidding

Current through Vol. 41, No. 20, July 1, 2024
(a)
Informal complaints.
Any
				party who is aggrieved by a competitive bidding process is encouraged to seek
				informal resolution of their complaints before filing a formal complaint with
				the Commission. Complaints concerning the competitive bidding process may be
				submitted in writing to the PUD Director, along with all supporting
				documentation. PUD may assist in negotiations regarding complaints. If no
				successful agreement can be reached by the parties, any party to the dispute
				may file an application with the Commission for relief.
(b)
Formal complaints.
Any party
				aggrieved by a competitive bidding process shall have the right to file a
				complaint with the Commission, in compliance with OAC 165:5 and this
				Subchapter, against any competitive bidder, if such party believes it has been:
(1) Wrongfully denied access to any
				intrastate or utility owned transmission pipeline;
(2) Discriminated against with respect to the
				natural gas services of gas supply, gathering, transmission and storage
				upstream of the citygate;
(3)
				Placed at a competitive disadvantage by virtue of the actions of any
				competitive bidder, or
(4)
				Adversely impacted by violation of the provisions of this Subchapter.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-30 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 15 Ok Reg
				  2177, eff 7-1-98
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 17 - Competitive Bidding and Affiliate Transaction Rules for the Provision of Natural Gas Services of Gas Supply, Gathering, Transmission and Storage of Natural Gas Utilities Upstream of the Citygate › Section 165:45-17-31 - Interconnection

Current through Vol. 41, No. 20, July 1, 2024
(a) In order to
				facilitate the Commission's policy to encourage new market entrants, upon the
				effective date of the rules of this Subchapter, each gas utility shall have the
				duty to provide for the interconnection of the facilities and equipment of any
				requesting pipeline with such utility's facilities:
(1) At any technically feasible point with
				the gas utility's system at or upstream of each citygate or Commission approved
				aggregation point;
(2) In a manner
				that is, at least equal in quality to that provided by the utility to itself or
				to any affiliate, or any other party to which the utility provides
				interconnection.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 19 - Downstream Services › Section 165:45-19-1 - Purpose of this Subchapter

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to establish an orderly
				  unbundling of natural gas services. Accordingly, this Subchapter anticipates
				  that natural gas services downstream at the retail or merchant level will be
				  provided pursuant to a utility downstream unbundling plan with service to
				  commence by October 1, 1999.
Added at 15 Ok Reg 2177,
				  eff 7-1-98