OKLAHOMA GAS AND ELECTRIC CO. v. STATE ex rel. OKLAHOMA CORP. COMMISSION

Citations

• 2025 OK 15

Syllabus

¶ 0 In the spring of 2018, People's Electric Cooperative, Inc., (People's) and Oklahoma Gas and Electric Company (OG&E) submitted competing bids to provide retail electric service to the Tall Oak Woodford Cryo Plant (Tall Oak or Plant) in Coal County, Oklahoma. The Plant is located in the certified territory of People's, which has exclusive rights to provide electricity to customers in the area pursuant to the Retail Electric Supplier Certified Territory Act (RESCTA). OG&E's successful proposal relied on the Large Load exception to RESCTA, which permits a supplier \extending its service\ into another supplier's certified territory for qualifying large-load customers. To provide service to the Plant, OG&E did not extend its own retail distribution lines, but tapped into third-party transmission facilities. Upon People's application, the Oklahoma Corporation Commission enjoined OG&E from serving the Plant, finding that OG&E was not \extending its service\ in a manner authorized by RESCTA. We retained OG&E's appeal. We hold that Article 9, Section 20 of the Oklahoma Constitution requires a limited review of the Commission's order, and we affirm the Commission's determination that a retail electric supplier may not use third-party transmission lines to extend its service into another supplier's certified territory under the Large Load exception of RESCTA. AFFIRMED