Okla. Admin. Code § 165:50-7-2

Current through Vol. 42, No. 4, November 1, 2024

Section 165:50-7-2 - Monitoring of application of adjustment clauses

Whenever the Commission approves a purchased power adjustment clause pursuant to 165:50-3-3 and 165:50-7-1, the clause shall apply to all similar distribution cooperatives affected by such increased cost. In addition, the Commission shall continually monitor and oversee the application of the adjustment clauses. The Commission shall hold a public hearing thereon whenever it deems it necessary, but no less frequently than once every twelve (12) months. The following procedure shall be followed with respect to such hearings:

(1) Upon application by the Commission staff, an order shall be entered setting a hearing date and notice thereof shall be given in the form and manner prescribed by the Commission in such order.

(2) The Commission staff, or any other person or entity objecting to the operation of an electric distribution cooperative's purchased power adjustment clause, shall, at or before such general hearing, file with the Commission a complaint in writing setting forth the reasons for such objection. Thereafter, an appropriate proceeding involving such electric distribution cooperative shall be conducted, in accordance with the Commission's Rules of Practice [OAC 165:5].

(A) If no complaint is filed before or at such general hearing with respect to the operation of the purchased power adjustment clause of an electric distribution cooperative, no further proceeding shall be had thereon.

(B) If a complaint is filed, the Commission shall at the general hearing set an appropriate time for the complaint to be heard, and the issues to be determined at such hearing shall be one or more of the following determinations:

(i) Whether the charges or credits made under the adjustment clauses are based upon the actual prices paid for purchased power.

(ii) Whether the charges or credits are properly computed in accordance with the applicable adjustment clause.

(iii) Whether that portion representing fuel adjustment charges made by an electric generation cooperative are fair, equitable, and properly computed.

(iv) Whether the purchased power adjustment clause should be amended, suspended, or discontinued because of a change in circumstances since the purchased power adjustment clause was approved.

(3) If the Commission finds that the charges or credits are not based upon the actual prices paid for purchased power or are not properly computed in accordance with the applicable adjustment clause, it shall re-compute the charges or credits and shall direct the electric distribution cooperative to take such action as may be required to insure that the charges or credits properly reflect the actual price paid for purchased power and are properly computed in accordance with the applicable adjustment clause for the applicable period.

Okla. Admin. Code § 165:50-7-2

Amended at 12 Ok Reg 2139, eff 7-1-95

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