Oklahoma Gas and Electric finds itself in a fight over the state’s new law allowing Construction Work in Progress on expanded energy projects.
A possible vote could be taken Thursday when the case comes before Oklahoma Corporation Commissioners. OG&E’s request to apply the CWIP law, one created by the controversial SB998 which was opposed by commissioners when it was making its way through the state legislature, is opposed by at least three organizations, the Commission’s Public Utilities Division, the Oklahoma AARP and the Oklahoma Industrial Energy Consumers. The three want the regulators to deny the utility’s request for Rider Cost Recovery of Construction Work in Progress for New Natural Gas Generation Capacity Horseshoe Lake Units 13 & 14.
By using the CWIP law, the utility would require customers to pay for the project even before it is completed. OG&E, in testimony filed with the commission, said residential customers would see a 59 cent impact in 2026, an impact of $1.17 in 2027, $1.88 in 2028 and $2.10 in 2029.
“Costs will be recovered from customers via a per kilowatt-hour charge with the exception of the Power and Light and Large Power and Light classes which will be recovered via a per kilowatt charge,” testified Gwin Cash, Senior Manager of Pricing, Rate Administration and Load for OG&E.
The utility filed its original rate case a year ago before SB998 became law without the signature of Gov. Kevin Stitt. OG&E refiled and now contends the “statute now governs Construction-Work-In Progress (CWIP) as a matter of law.” The utility argues the claims of PUD, AARP and OIEC would require the Commission to effectively amend “by engrafting limitations the Legislature deliberately omitted.”
The law took effect in August 2025 and applied CWIP applications to projects involving the use of natural gas fired electric generating facilities.
“Horseshoe Lake Units 13 and 14 (“HL 13 & 14”) are such facilities, and CWIP recovery is therefore an entitlement as a matter of law,” stated OG&E in the filing. “The Motions run headlong into insurmountable legal hurdles. They largely proceed as though § 286(C)(6) does not exist and invite the Commission to impose requirements the Legislature did not enact. In doing so, Movants ignore or distort the statute’s plain and unambiguous language, in direct tension with the Oklahoma Supreme Court’s settled rules of statutory construction.”
In its original application, OG&E stated that the Horseshoe Lake Units 13 & 14 were two new natural gas fired combustion turbines with a total generating capacity of 448 MW to be constructed at OG&E’s existing Horseshoe Lake facility.
OG&E declared that the Horseshoe Lake Units 13 & 14 met all the statutory requirements for CWIP recovery and that the Corporation Commission had granted “preapproval.” It also clarified that the units “that are not yet operational.”
The AARP and the OIEC contended in a December 2025 filing, “The Commission found that the amendment to 17 Okla. Stat. § 286(C)(6), which became effective on August 28, 2025, did not apply to OG&E ’s Application because OG&E ’s Application was filed prior to the effective date of the amendment.”
The two organizations noted that no appeal to the November ruling by the Corporation Commission was made within 30 days, “thus, the Final Order is now unappealable and unassailable.”
They also pointed out, “In its Final Order in PUD 2025-000038, the Commission addressed in detail OG&E ’s request for CWIP recovery for Horseshoe Lake Units 13 and 14, and denied
OG&E ’s request.”
I. A. Call to order
B. Announcement concerning public notice
C. Determination of quorum
II. Recognition of Scott Irwin upon his retirement from the Oklahoma Air National Guard
III. Recognition of Lieutenant Steve Pelto and Officer Brian Wofford with the OCC’s Transportation Division, for professionalism, dedication, and service in support of the
recent inter-agency operation
IV. Consideration of and possible vote(s) on proposed or potential orders in cases on the daily signing agenda docket. The Commission may discuss and consider alterations, revisions,
or amendments to the proposed or potential orders. (Votes may be taken on individual cases, on the daily signing agenda docket as a whole, or both by individual cases and the remaining docket. The vote on daily signing agenda cases may be combined with the vote on 24-hour signing agenda cases.)
V. Consideration of and possible vote(s) on proposed or potential orders in cases on attached 24-hour signing agenda docket. The Commission may discuss and consider alterations, revisions, or amendments to the proposed or potential orders. (Votes may be taken on individual cases on the 24-hour signing agenda docket as a whole, or both by individual cases and the remaining docket.)
VI. Discussion and possible vote(s) to approve a final version of the Nuclear Energy Generation Feasibility Study, as required by 17 O.S. § 803, and possible additional direction to Commission staff
VII. Case No. PUD2025-000082, In the Matter of the Application of Oklahoma Gas and Electric Company for Rider Cost Recovery of Construction Work in Progress for New Natural Gas Generation Capacity Horseshoe Lake Units 13 & 14 Pursuant to 17 O.S. § 286(C), for deliberation by the Commissioners, discussion of next steps, and possible direction and/or votes on:
A. Oklahoma Industrial Energy Consumers (OIEC) and AARP’s Motion to Dismiss
The Commission may take up the above items of business in a different sequence than that listed.
B. Public Utility Division’s Motion to Dismiss Oklahoma Gas and Electric Company’s (OG&E) Application for Construction Work in Progress Cost Recovery for “New” Natural Gas Generation Capacity Horseshoe Lake Units 13 & 14 and Brief in Support
C. Proposed Final Order Granting Motions to Dismiss, and/or any alterations, revisions, or amendments thereto proposed at the meeting
VIII. Adjournment
BEFORE THE CORPORATION COMMISSION OF THE STATE OF
OKLAHOMA DAILY SIGNING AGENDA (PROPOSED ORDERS)
Date: Thursday, March 5, 2026
Case Number CD2023-001934 Order Type Final RSO OKC
Parties MEWBOURNE OIL COMPANY (Applicant) Relief Type(s) Multi-unit horizontal well
1st Legal Loc./County S12 T17N R25W / Roger Mills
Order Title FINAL ORDER OF THE COMMISSION
MULTIUNIT HORIZONTAL WELL
Case Number CD2024-003696 Order Type Motion RSO OKC
Parties VALIDUS ENERGY II MIDCON LLC
(Applicant)
Relief Type(s) Location Exception
1st Legal Loc./County S27 T16N R10W / Blaine
Order Title ORDER OF THE COMMISSION
GRANTING MOTION TO REOPEN
Case Number CD2025-000889 Order Type Final RSO OKC
Parties OVINTIV USA INC (Applicant) Relief Type(s) Location Exception
1st Legal Loc./County S21 T17N R10W / Blaine
Order Title FINAL ORDER OF THE COMMISSION
Case Number CD2025-002928 Order Type Final RSO OKC
Parties CARMAC ENERGY COMPANY LLC
(Applicant)
Relief Type(s) Location Exception
1st Legal Loc./County S14 T7N R6E / Seminole
Order Title FINAL ORDER OF THE COMMISSION
WELL LOCATION EXCEPTION
Case Number CD2025-003646 Order Type Final RSO OKC
Parties CITIZEN ENERGY VENTURES LLC
(Applicant)
Relief Type(s) Drilling and Spacing Unit
1st Legal Loc./County S28 T15N R23W / Roger Mills
Order Title ORDER OF THE COMMISSION
Case Number CD2025-003861 Order Type Interim RSO OKC
Parties CAMINO NATURAL RESOURCES LLC
(Applicant)
Relief Type(s) Multi-unit horizontal well
1st Legal Loc./County S25 T12N R9W / Canadian
Order Title INTERIM ORDER OF THE COMMISSION
Case Number CD2025-003895 Order Type Final RSO OKC
Parties PABLO ENERGY II LLC (Applicant) Relief Type(s) Drilling and Spacing Unit
1st Legal Loc./County S33 T16N R4W / Logan
Order Title ORDER OF THE COMMISSION
Case Number CD2025-003896 Order Type Final RSO OKC
Parties PABLO ENERGY II LLC (Applicant) Relief Type(s) Rule – Waiver or Exception
1st Legal Loc./County S33 T16N R4W / Logan
Order Title ORDER OF THE COMMISSION
Case Number CD2025-004074 Order Type Final RSO OKC
Parties CONTINENTAL RESOURCES INC (Applicant) Relief Type(s) Drilling and Spacing Unit
1st Legal Loc./County S22 T7N R5W / Grady
Order Title ORDER OF THE COMMISSION
Case Number CD2026-000021 Order Type Final RSO OKC
Parties OVINTIV USA INC (Applicant) Relief Type(s) Drilling and Spacing Unit
1st Legal Loc./County S32 T14N R6W / Canadian
Order Title ORDER OF THE COMMISSION
Case Number CD2026-000051 Order Type Final RSO OKC
Parties MIDCON ENERGY DEVELOPMENT LLC
(Applicant) | MIDCON ENERGY PDP LLC
(Applicant)
Relief Type(s) Change of operator
1st Legal Loc./County S32 T4N R4W / Garvin
Order Title ORDER PEMITTING CHANGE OF
OPERATOR
Case Number CD2026-000206 Order Type Final RSO TUL
Parties CALYX ENERGY III LLC (Applicant) Relief Type(s) Drilling and Spacing Unit
1st Legal Loc./County S6 T7N R14E / Pittsburg
Order Title FINAL ORDER OF THE COMMISSION
SPACING
Case Number EN2021-000099 Order Type Final RSO OKC
Parties STRICKLAND, ROBYN (Applicant) | HARPER
JOE HOWARD DBA JH FIELD SERVICE
(Respondent)
Relief Type(s) Contempt, Assess Fine(s), Prior Order/Permit –
Vacate, Surety – Forfeit, Surety – Increase
1st Legal Loc./County S5 T28N R15E / Nowata
Order Title FINAL ORDER
Case Number EN2025-000238 Order Type Final RSO OKC
Parties HODGES, JEREMY (Applicant) | BULLDOG
PRODUCTION, INC. (Respondent)
Relief Type(s) Contempt, Assess Fine(s), Prior Order/Permit –
Vacate
1st Legal Loc./County S27 T6N R8E / Hughes
Order Title AGREED FINAL ORDER
Case Number PD2025-000186 Order Type Final RSO OKC
Parties CITATION OIL&GAS CORP (Applicant) Relief Type(s) UIC Rules Exception
1st Legal Loc./County S30 T2N R7E / Pontotoc
Order Title FINAL ORDER OF THE COMMISSION
APPROVING EXCEPTION TO OAC 165
10 5 6 B 2 F
Case Number PD2025-000187 Order Type Final RSO OKC
Parties CITATION OIL&GAS CORP (Applicant) Relief Type(s) UIC Rules Exception
1st Legal Loc./County S30 T2N R7E / Pontotoc
Order Title FINAL ORDER OF THE COMMISSION
APPROVING EXCEPTION TO OAC 165
10 5 6 B 2 D
Case Number SF2025-000095 Order Type Final RSO OKC
Parties HODGES, JEREMY (Applicant) Relief Type(s) Plug Abandoned Well(s)
1st Legal Loc./County S34 T5N R28E / Beaver
Order Title FINAL ORDER
BEFORE THE CORPORATION COMMISSION OF THE STATE OF
OKLAHOMA 24 HR SIGNING AGENDA (PROPOSED ORDERS)
Case Number PUD2025-000052 Order Type Final RSO OKC
Parties ARGENBRIGHT, MARK (Applicant) | FORT
COBB FUEL AUTHORITY LLC (Respondent)
Relief In Caption APPLICATION OF MARK ARGENBRIGHT,
DIRECTOR OF THE PUBLIC UTILITY DIVISION, OKLAHOMA
CORPORATION COMMISSION, FOR A PUBLIC HEARING TO
REVIEW AND MONITOR APPLICATION OF THE FUEL
ADJUSTMENT CLAUSE OF FORT COBB FUEL AUTHORITY,
LLC FOR THE CALENDAR YEAR 2024 AND FOR A
PRUDENCE REVIEW OF THE FUEL PROCUREMENT
PROCESSES AND COSTS OF FORT COBB FUEL
AUTHORITY, LLC FOR THE CALENDAR YEAR 2024
Order Title FINAL ORDER
Case Number PUD2025-000085 Order Type Motion RSO OKC
Parties FRONTIER ENERGY STORAGE LLC
(Applicant)
Relief In Caption APPLICATION OF FRONTIER ENERGY
STORAGE LLC FOR A CERTIFICATE OF AUTHORITY FOR
AN ELECTRIC TRANSMISSION FACILITY Order Title ORDER GRANTING PROTECTIVE ORDER
Case Number PUD2026-000005 Order Type DMOA RSO OKC
Parties CAPCON NETWORKS (Applicant) | EM3
NETWORKS LLC (Applicant)
Relief In Caption IN THE MATTER OF THE NOTIFICATION
OF TRANSACTION INVOLVING EM3 NETWORKS, LLC AND
CAPCON NETWORKS LLC PURSUANT TO OAC 165:55-15-1 Order Title ORDER DISMISSING CASE WITHOUT PREJUDICE