SECTION 165:35-38-3. Transmission Upgrades  


Latest version.
  • (a)   Costs incurred by a utility that are directly related to transmission upgrades as set forth in 165:35-38-1 are presumed recoverable by such utility. However, the presumption may be rebutted by evidence presented by a complainant or through the audit and review process that the costs so incurred by the utility for such transmission upgrades exceed the scope of the project authorized by the regional transmission organization or federal regulatory authority order.
    (b)   Before costs set forth in 17 O.S. Section 286(A), as amended, are allowed to go into effect, a cause will be opened by the utility before the Commission. After notice and hearing and upon proper evidence, the Commission may authorize an electric utility to recover all or a portion of the costs incurred by the utility for such transmission upgrades.
    (c)   A utility seeking cost recovery for transmission upgrades as they pertain to this subsection may file an application to recover such costs and shall provide, at a minimum:
    (1)   A detailed summary of the costs for which recovery is sought;
    (2)   Evidence of the approval received by the utility from the regional transmission organization or order received from the federal regulatory authority giving rise to the transmission upgrade; and
    (3)   A proposed recovery mechanism to recover such costs, which shall be in accordance with Commission's traditional rate making procedures.
[Source: Added at 23 Ok Reg 699, eff 2-17-06 (emergency); Added at 23 Ok Reg 1666, eff 7-1-06; Amended at 27 Ok Reg 2098, eff 7-11-10]