Oklahoma § 17-158.24 - Fixing boundaries of certified territories - Protests Hearings by Commission

§ 17-158.24. Fixing boundaries of certified territories - Protests Hearings by Commission

A. Except as otherwise provided, no retail electric supplier

shall furnish retail electric service in the certified territory of

another retail electric supplier.

B. Except as otherwise provided in this section, the boundaries

of the certified territory of each retail electric supplier are

hereby set as a line or lines substantially equidistant between its

existing distribution lines and the nearest existing distribution

lines of any other retail electric supplier in every direction, with

the result that there is hereby certified to each retail electric

supplier such unincorporated area which in its entirety is located

substantially in closer proximity to one of its existing

distribution lines than to the nearest existing distribution line of

any other retail electric supplier.

C. (1) On or before ninety (90) days after the effective date

of this act, or, when requested in writing by a retail electric

supplier and for good cause shown, such further time as the

Commission may fix by order, each retail electric supplier shall

file with the Commission a map or maps showing all of its existing

distribution lines. The Commission shall prepare or cause to be

prepared within ninety (90) days thereafter a map or maps of uniform

scale to show, accurately and clearly, the boundaries of the

certified territory of each retail electric supplier as established

under Section 4 B, and shall issue such map or maps of certified

territory to each retail electric supplier. Any retail electric

supplier or municipality or beneficial trust thereof engaged in the

furnishing of electric service who feels itself aggrieved by reason

of a certification of territory pursuant to this section may protest

the certification of territory, not to exceed one township in a

single protest, within a one hundred twenty-day period after

issuance of the map of certified territory by the Commission; and

the Commission shall have the power, after hearing, to revise or

vacate such certified territories or portions thereof.

(2) In such hearing, the Commission shall be guided by the

following conditions as they existed on the effective date of this

act:

(a) The proximity of existing distribution lines to

such certified territory.

(b) Which supplier was first furnishing retail

electric service, and the age of existing facilities, in the area.

(c) Which supplier is the predominant retail electric

supplier in the area.

Oklahoma Statutes - Title 17. Corporation Commission

(d) The adequacy and dependability of existing

distribution lines and facilities to provide dependable high quality

retail electric service at reasonable costs.

(e) The elimination and prevention of duplication of

electric lines and facilities supplying such territory.

In its determination of such protest, the Commission hearing shall

be de novo; and neither supplier shall bear the burden of proof.

D. In each unincorporated area, where the Commission shall

determine that the existing distribution lines of two or more retail

electric suppliers are so intertwined or located that Section 4 B

cannot reasonably be applied, the Commission shall, after hearing,

certify the service territory or territories for the retail electric

suppliers under the provisions of Section 4 C (2) hereof.

Laws 1971, c. 113, § 4.