OKLAHOMA ELECTRIC COOPERATIVE v. STATE ex rel. OKLAHOMA CORPORATION COMMISSION
Syllabus
¶0 Oklahoma Electric Cooperative (OEC) appealed an order of the Oklahoma Corporation Commission denying OEC's application for injunctive relief against Oklahoma Gas and Electric (OG&E). OEC sought to enjoin OG&E from providing retail electric service to a customer located in OEC's certified territory pursuant to the Large Load exception to the Retail Energy Supplier Certified Territory Act (RESCTA), 17 O.S. 2011, § 158.25 , et seq . The Commission denied OEC's application, but did so based only upon OG&E's affirmative defenses of estoppel, waiver, and laches. We retained OEC's appeal. We hold that RESCTA's Large Load exception does not permit OG&E to connect with third-party transmission lines in order to extend its service into OEC's certified territory, in accord with this Court's recent decision in Oklahoma Gas & Electric Co. v. Oklahoma Corp. Comm'n , 2025 OK 15 , 565 P.3d 418 [ People's ]. The Commission erred to the extent its analysis fails to reach this conclusion. Because People's has prospective-only application, however, the practical result is that OG&E will not be enjoined from serving the customer in the present case. We therefore affirm the Commission's order insofar as it permits OG&E to continue providing retail electric service to the customer in OEC's certified territory.
Opinion Excerpt
OSCN Found Document:OKLAHOMA ELECTRIC COOPERATIVE, et al., v. STATE ex rel. OKLAHOMA CORPORATION COMMISSION Previous Case Top Of Index This Point in Index Citationize <