Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 45 - Gas Service Utilities › Subchapter 21 - Homeland Security and Critical Infrastructure › Section 165:45-21-1 - Purpose and scope

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				purpose of this Subchapter is to require utilities to take all reasonable
				measures necessary to protect their critical infrastructures from extended
				interruption of service from all extraordinary events, natural and
				man-made.
(b) The Commission
				requires gas utilities to develop, implement, and maintain Homeland Security
				and Critical Infrastructure Plans according to the industry standards
				enumerated in sub-section (d) below.
(c) To the extent that a utility seeks to
				recover costs for security measures outside the scope of a general rate review
				for the implementation of Homeland Security and/or Critical Infrastructure
				protections, the utility shall comply with all provisions of this
				Subchapter.
(d) Each gas utility
				serving Oklahoma jurisdictional ratepayers is required to follow the most
				current applicable United States Department of Transportation, Office of
				Pipeline Safety's "Pipeline Security Information Circular" and "Pipeline
				Security Contingency Plan Guidance" ("DOT/OPS Guidelines") or equivalent cyber
				security framework, as may be amended from time to time, for use as guidelines
				for protecting the utility's Critical Infrastructure from extended service
				interruption.
(e) Each gas utility
				seeking to recover costs for security measures from Oklahoma jurisdictional
				ratepayers outside of a general rate review shall develop, implement, and
				maintain a Critical Infrastructure and Security Plan as further set forth
				within this Subchapter.
(f) If the
				utility has implemented a Security Plan or process in accordance with the
				applicable industry guidelines but is not seeking or receiving cost recovery
				for security-related costs, the utility shall submit the Certification Letter
				required by OAC
				165:45-21-7(g)
				and the Plan shall be subject to review pursuant to the Authorized
				Participation and Confidentiality provisions of OAC
				165:45-21-10 and OAC
				165:45-21-11. The utility is not
				otherwise required to comply with the provisions of this Subchapter.
(g) The Commission retains its jurisdictional
				and supervisory authority to address the reasonableness and/or prudence of any
				proposed security cost recovery.
(h) Nothing in this subchapter shall relieve
				any utility from any duty otherwise prescribed by the laws of the State of
				Oklahoma or this Commission's rules.
(i) Nothing in this Subchapter is intended to
				divest the utility of its right to object to any discovery requests from
				intervenors seeking access to "Highly Sensitive Confidential" materials.
(j) If any provision of this
				Subchapter is held invalid, such invalidity shall not affect other provisions
				or applications of this Subchapter which can be given effect without the
				invalid provision or application, and to this end, the provisions of this
				Subchapter are declared to be severable.
Added at 22 Ok Reg 708,
				  eff 7-1-05