Okla. Admin. Code § 165:50-5-2

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

Section 165:50-5-2 - Monthly adjustments with respect to any approved fuel adjustment clause

(a) No proposed monthly fuel adjustment, purchased power adjustment, or purchased gas adjustment by any public utility shall become effective until after the Commission has had an opportunity, as provided in (c) of this Section, to determine that the adjustment is calculated in accordance with the terms and conditions of the applicable fuel adjustment clause.

(b) Prior to the effectiveness of any monthly fuel, purchased gas, or purchased power adjustment proposed by a public utility, such utility shall file with the Commission, by submitting the following to PUD and other parties as directed by a Commission Order or tariff :

(1) A statement of the items and costs making up the average cost of fuel per million Btu and associated costs in dollars and cents or fraction thereof.

(2) A summary of its fuel and gas purchase invoices and its computations of the proposed monthly fuel adjustment or purchased gas adjustment charges.

(3) A summary of inventory records of fuel and gas going into and taken out of stockpile or storage.

(4) A report containing the average unit price, the change in the average unit price, the volume purchased, and a brief explanation of such unit cost increase.

(5) Any other records which PUD may request, including, but not limited to, the heat rate efficiency and delivery efficiency for affected electric public utilities and the actual capacity factor for each generating facility utilized to produce electric power.

(c) The records and computations submitted pursuant to (b) of this Section shall be open to public inspection at the Commission.

(d) PUD or any other affected party shall have five (5) business days after the records and computations prescribed in (b) of this Section have been submitted to request a hearing thereon. If a hearing is not requested, the proposed adjustment charge shall become effective as submitted. In the event PUD or an affected party requests a hearing, and the Commission decides to hold a hearing on the information submitted, it shall notify the public utility within such five (5) business day period, set the matter for a public hearing to commence within thirty (30) calendar days thereafter, and give notice thereof at least three (3) business days prior to the commencement of such hearing by publication in a newspaper of general circulation in the area served by such utility. The issue to be determined at such hearing shall be either or both of the following determinations

(1) Whether charges or credits made under the fuel adjustment clauses are based upon the actual prices paid for fuel, purchased gas, or purchased power and are properly computed in accordance with the applicable adjustment clause.

(2) Whether the fuel adjustment clauses should be discontinued, amended, or suspended.

(e) In the event that the Commission determines that it is necessary to set any proposed adjustment charge for hearing, the proposed charge shall nevertheless become effective at the option of the utility following the expiration of the five (5) business day period after its records and computations have been submitted, pending the Commission's finding with respect to such charges. However, in the discretion of the Commission, the effectiveness of the proposed charge may be conditioned upon the submission by the utility with the Commission of an assurance satisfactory to the Commission, which may include a bond with surety of the utility's ability and willingness to refund to its customers any such amounts as the utility may collect from them in excess of the charge approved by the Commission in its finding. If the Commission has not approved, in whole or in part, or denied the proposed charge within seven (7) business days subsequent to the commencement of such hearing, it shall promptly submit a written explanation of its failure to do so to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Office of the Governor.

Okla. Admin. Code § 165:50-5-2

Amended at 10 Ok Reg 2647, eff 6-25-93; Amended at 16 Ok Reg 2260, eff 7-1-99

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