Public Service of Oklahoma has taken the Rogers County Commissioners to court, suing them for preventing the utility from construction of more structures on company-owned land.
The projects, as detailed by PSO in a September 2025 application for Corporation Commission pre-approval of construction, were denied by the County Commission and the Rogers County Board of Adjustment. The denial was of a request for a special exception for utility structures at the Northeastern site.
PSO filed suit last week (No. CJ-2026-27)over the denial for the construction it planned in Oologah where the utility operates two natural gas turbines and a coal-fired power plant. The utility wants Rogers County District Judge Stephen R. Pazzo to block the county from using its zoning laws to stop the construction.
The land is owned by PSO and has been in its ownership since 1960 and the utility contends the county does not have jurisdiction over the property in question. The lawsuit also asks for compensation, should the utility be successful in its lawsuit.
PSO contended in its Corporation Commission filing (2025-000064) it needs to move ahead with the construction, citing in its September 2025 filing, “Due to load growth in the service territory of PSO, the additional capacity and energy from Green Country did not negate the need for PSO to procure additional capacity “to meet all normal demands for service and provide a reasonable reserve for emergencies” as required by the Commission’s rule quoted above. Without acquiring additional SPP accredited capacity resources, PSO’s summer capacity position will be deficient 10 MW in 2027, 470 MW in 2028, and 1,766 MW in 2029.”
The goal in question in Oologah is called the NE 5&6 Project.
“The NE 5&6 Project is a planned 450 Megawatt (MW) simple cycle natural gas facility at the existing Northeastern Generation Station in Oologah, near the Tulsa load center. The project will include two General Electric (GE) combustion gas turbine generators and associated equipment. Target COD: December 15, 2028, with a minimum design life of 30 years.”