The three legislators who filed suit with the Oklahoma Supreme Court challenging some utility rate cases because they involved the vote of Corporation Commissioner Todd Hiett have restated their case with the court.
In a filing of a “motion to retain”, Reps. Tom Gann, Kevin West and Rick West, asked the court to handle their appeal of $763 million in charges incurred under Oklahoma Gas and Electric Company’s fuel adjustment clause for calendar year 2023. They stated their appeal should be retained “because the issues raised on appeal involve areas of law undecided in Oklahoma.”
“Appellants have also identified at least fifteen other cases tained by the alleged criminal conduct of Commissioner Todd Hiett—cases in which Hiett is actively participating despite the fact that they are obviously matters in which Hiett’s impartiality might reasonable be questioned,” stated the legislators in their filing.
The representatives, all Republicans, say because of the unanswered challenges, “the OCC has potentially hundreds of cases impacted by the agency’s misinterpreation and/or wholesale disregard” of state law “resulting in its recent penchant for admitting and relying upon inadmissible evidence. Once again, these cases are worth billions.”
Reps. Gann, West and West asked again for a Supreme Court review of the Corporation Commission’s statutory interpretation of State Ethics Rule 4.7 and a Code of Judicial Conduct Rule. They also contend a violation of the rules in utility cases by Commissioner Hiett “engenders violation of the constitutional due process rights of the utility’s captive customers.”
The legislators filed suit, contending Hiett should not have voted in the rate case because of allegations of public drunkenness and sexual abuse of a man who is employed by the utility. The three had earlier filed complaints of conflict of interest with the Oklahoma Ethics Commission which recently cleared Hiett.
A similar challenge was filed in February by Rep. Gann against a Public Service Company of Oklahoma rate case. It prompted Attorney General Gentner Drummond to file a request in defense of the Corporation Commission and asked the Court to dismiss the case.