SECTION 165:45-17-15. How effective competition is to be determined  


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  • (a)   Upon application by an interested party, the Commission may commence an investigation to determine whether the provision of one or more natural gas services is subject to effective competition. Such determination may only be made on an unbundled and citygate by citygate or other Commission approved geographic area basis.
    (b)   In determining whether a natural gas service is subject to effective competition, factors which the Commission may consider include, but are not limited to:
    (1)   The number and size of competing providers operating in the relevant geographic area;
    (2)   The extent to which comparable natural gas services are available from competing providers in the relevant market;
    (3)   The ability of competing providers to provide equivalent natural gas services quantity and reliability at competitive rates, terms and conditions;
    (4)   Market barriers;
    (5)   Public interest consideration; and
    (6)   Other indicators of market power with respect to the subject service, which may include market share, growth in market share, and whether the competing providers of natural gas services are affiliated with the natural gas utility.
    (c)   In considering these or other factors, the Commission is not required to give equal weight to each factor in subsection (b), but has discretion to give more weight to a particular factor or factors, based on the evidence.
[Source: Added at 15 Ok Reg 2177, eff 7-1-98]