Okla. Admin. Code § 165:35-1-3

Current through Vol. 42, No. 7, December 16, 2024

Section 165:35-1-3 - Application of rules

(a) This Chapter shall apply to the operations of any electric utility operating within the State of Oklahoma under the jurisdiction of the Commission.

(b) This Chapter is intended to define good business practice under normal conditions, to ensure adequate service and prevent unfair charges to the public, and to protect the utilities from unreasonable demands.

(c) In any case where a controversy arises in connection with the interpretation of any provisions of this Chapter or the applicability thereof, the Commission will make such orders as it may deem appropriate upon application of any interested party and after notice and hearing.

(d) A utility may decline initial service to a consumer until service may be rendered in compliance with this Chapter and applicable municipal ordinances and regulations.

(e) A utility may prescribe rules and regulations for furnishing service not inconsistent with this Chapter. No such rules shall be valid until filed with and approved by the Commission. A utility may refuse or discontinue service for noncompliance with its service rules only in cases where its approved rules specifically so provide.

(f) Whenever compliance with any provision or requirement of this Chapter would be unduly burdensome, or cause an unreasonable hardship or an excessive expense, or result in an unusual difficulty, or for other good cause shown the Commission may, upon application of the utility or the consumer and after notice and hearing, suspend or excuse compliance therewith or make such other requirements as it shall deem appropriate. For good cause shown, the Commission may grant temporary relief pending the hearing. If, after the effective date of this Chapter, a utility seeks an exception or variance from this Chapter in its tariffs or terms and conditions of service, such exception or variance shall be clearly shown on such tariffs or terms and conditions of service, sufficient to plainly bring to the Commission's attention to the exact nature of the said exception or variance. Any exception or variance not so marked or identified in such tariff or terms and conditions of service shall be superseded by this Chapter to the extent that said exception or variance is in conflict therewith. Upon approval by the Commission, the variance should indicate the number of the authoritative Commission order.

(g) The adoption of this Chapter shall in no way preclude the Commission from altering or amending this Chapter in whole or in part after notice and hearing, or from allowing or requiring additional or different service, equipment, facility, or standards than prescribed by this Chapter, either upon complaint or application or upon its own motion. Nothing provided in this Chapter shall relieve any utility from any duty prescribed by the laws of the State of Oklahoma.

(h) A utility shall not be required to take any action to ensure that a consumer follows or takes any action in compliance with any Commission rule or regulation concerning submetering activities, and no utility shall in any way be deemed to be responsible for any failure by a consumer or third party to follow or take actions in compliance with such Commission rules and regulations.

(i) The utility shall be subject to a fine per day per occurrence for any violation of this Chapter. The fine shall be determined pursuant to 17 O.S. § 1, after notice and hearing.

Okla. Admin. Code § 165:35-1-3

Amended at 10 Ok Reg 2633, eff 6-25-93; Amended at 16 Ok Reg 2237, eff 7-1-99

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 7/25/2019