The Oklahoma Supreme Court handed Oklahoma Gas and Electric a victory this week in its challenge of a corporation commission ruling five years ago.
The ruling came in an appeal filed by OG&E in a case where the utility provided retail electric service to two sites in the territory of CKenergy Electric Cooperative, Inc. in Canadian County. OG&E had provided electrical power to Bison Oilfield Services and the Cimarex Energy facility which are technically in the service territory of CKenergy.
CKenergy went to the Corporation Commission in 2019 to force OG&E to stop providing electrial power but OG&E contended it was doing so under what is known as the one megawatt exception. The exception permits retail electric suppliers to serve facilities “if the connected load for initial full operation of such electric-consuming facility is to be 1,000 kw or larger.”
The Corporation Commission determined the connected load did not meet or exceed the 1,000 kW at either facility and ruled OG&E was in violation of what is known as RESCTA or the Retail Energy Supplier Certified Territory Act. OG&E appealed.
In the appeal, OG&E contended the Commission was wrong in its interpretaton of the meaning of “connected load” in the electric industry. CKenergy argued it wasn’t the connected load at issue but the amount of electric supply measured at the time the facility is first fully operational in a full normal state.
The Supreme Court ended up determining the meaning of “connected load for initial full operation” and sided with Oklahoma Gas and Electric.
“The connected load for initial full operation exceeded 1,000 kW at the Bison and Cimarex facilities. Therefore, the one megawatt exception applies and OG&E may provide electrical services to both facilities located in CKenergy’s certified territory,” concluded the Court.
Full ruling is linked below:
file:///C:/Users/User/Downloads/1061870852-20250617-093024-.pdf
