Without discussion and in a matter of minutes, Oklahoma Corporation Commissioners on Monday voted unanimously against hearing a challenge by Oklahoma Gas and Electric of the commission’s previous decision in a Public Service Company of Oklahoma case involving the controversial Construction Work in Progress billing procedure.
“We are not going to take appearances on this order, so I don’t believe we need to allow arguments from counsel. What has happened is OG&E filed its motion for reconsideration and modification of Order 757495.That happened on May 21st, but on May 22nd, our final order was appealed to the Oklahoma Supreme Court,” stated Kim David, Chair of the Commission.
A vote quickly followed and Commissioners Brian Bingman and Todd Hiett joined David in voting to dismiss OG&E’s motion for lack of jurisdiction.
OG&E originally had challenged the Commission’s order regarding CWIP for Public Service Company. In granting it, the commission references several times that it was “mandated” by the state legislature to allow the financing method if it involved the use of natural gas for expanded electric power. The Commissioners also ordered that PSO would have to including in customer bills, the wording, “State Legislature Mandated CWIP Recovery–$X.XX.”
OG&E objected to the language and contended it crossed a constitutional line by forcing a private company to deliver a regulator-crafted message in its billing system. The utility contended in its challenge that the mandate was “an unconstitutional exercise in compelled political speech” and forced utilities to use their customer communications as a vehicle for message beyond neutral cost disclosure.
OG&E did not challenge the CWIP but only the wording in the Corporation Commission’s order.
We reached out to OG&E for a response and received no reply.
