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Oklahoma Authority to Operate as a Transmission-Only Utility (8-OK-c)

Information current as of 2020
In Oklahoma, a developer may need approval from the Oklahoma Corporation Commission (OKCC) to operate as a transmission-only utility in order to build, construct, own, operate, control, manage or maintain a transmission line used to move 60 kilovolts or more of power. OK. Admin. Code §165:35-43-2 et seq. A "transmission only utility" is defined as "an entity that builds, constructs, owns, operates, controls, manages, or maintains Transmission Line(s) within the State of Oklahoma and provides no retail service," excluding "utilities operated by municipalities, governmental bodies, or unregulated cooperatives." OK. Admin. Code §165:35-43-2 et seq.

The OKCC regulates operators of transmission lines pursuant to OK. Stat. Ann. §17.151-52 and OK. Admin. Code §165:35-43-1 et seq.

Authority to Operate as a Transmission-Only Utility Process

8-OK-c.1 — Application to Operate as a Transmission-Only Utility

A developer must file an Application to Operate as a Transmission-Only Utility (Application) with the OKCC requesting to be recognized as a Transmission Only Utility. OK. Admin. Code §165:35-43-3. The Application should include, at minimum, the following:

  • A description of transmission routes submitted to Southwest Power Pool or approved by a federal authority;
  • A status report of any interconnection proposal submitted to regional planning process or approved by a federal authority;
  • The identification of the allocation of transmission costs to Oklahoma utilities (i.e., a person, firm, partnership, or corporation furnishing electric service to the public of Oklahoma and subject to regulatory jurisdiction by OKCC) from Southwest Power Pool;
  • Analysis of cost and benefits to Oklahoma rate payers of any transmission project or portfolio of transmission projects if such a study has been prepared;
  • The expected number of Oklahoma residents that will be employed during construction and the specific types of jobs, and the expected number of Oklahoma residents who will remain employed after construction and the specific types of jobs;
  • A statement reflecting any known annual property or ad valorem tax assessed to the transmission-only utility (developer) for transmission lines and related operations;
  • Aggregate of total payments made to private landowners for transmission right-of-way;
  • The identification of any new energy resources the transmission project would be directly connected to or, to the extent known, resources to which the project could be connected to integrate existing natural gas or other resource generation;
  • Impact studies previously provided to state or federal agencies concerning the environment and wildlife in the area of any transmission; and
  • An attestation that the transmission-only utility’s (developer) insurance coverage will be made available for onsite review as requested.

OK. Admin. Code §165:35-43-4.

8-OK-c.2 to 8-OK-c.3 — Review Application Materials for Completeness

The OKCC must review the Application materials for technical and administrative completeness.

8-OK-c.4 to 8-OK-c.8 — Review Application Materials for Approval

OKCC reviews the Application for approval to determine whether the Application is in compliance with the rules. If the Application is in compliance with the rules and reporting requirements, then the OKCC approves the Application. If the Application is not in compliance with the rules, then the OKCC will issue an order rejecting the Application or open an investigation to further inquire into the Application. OK. Admin. Code §165:35-43-5.

8-OK-c.9 to 8-OK-c.12 — Determine Assessment Fees

The OKCC assesses fees on the newly recognized transmission-only utility (developer) based on the costs of the Oklahoma Corporations Commission Public Utility Division and Attorney General required to process, analyze and review filed information. After determining the fees, the OKCC provides notice to the developer and holds a hearing regarding the fees. After the hearing, the OKCC issues an order stating:

  • Whether or not the developer will still be assessed fees;
  • The amount of fees to be assessed; and
  • The date payment of fees is due.

OK. Admin. Code §165:35-43-6.

8-OK-c.13 — Pay Fees

The developer must pay the fee by the deadline stated in the OKCC order.

8-OK-c.14 — File Yearly Reporting Requirements

In Oklahoma, a transmission-only utility (developer) must file yearly update reports on or before May 15. The information required in the same information that is required in the original Application, including any new transmission line information. OK. Admin. Code §165:35-43-4.

8-OK-c.15 — Appeal Decision (Optional)

A developer may appeal the OKCC’s decision pursuant to Ok. Stat. Ann. §75-318.

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Contact Information

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Regulatory Analyst (405) 521-4114 jabbazabbachaplin@occemailabbazabbacom Visit Website