Okla. Admin. Code § 165:35-11-4

Current through Vol. 42, No. 3, October 15, 2024

Section 165:35-11-4 - New large load equal to or greater than 1,000 kW notice

(a) For any retail electric supplier, not excluded by 17 O.S. § 158.28 of the Retail Electric Supplier Certified Territory Act, after it is determined that the location of a potential new load over 1 MW is in the certified territory of another electric service provider, the nonincumbent electric service provider shall within five (5) business days send the potential new load the name of the incumbent utility. In addition, the non-incumbent shall notify the incumbent retail electric service provider of its intent to provide service within the incumbent utility's territory no less than ten (10) calendar days prior to executing a written contract for providing electric service with the new electric consuming facility. If the new electric consuming facility desires the information in the notice to remain confidential, the information contained in the notice shall be protected through a non-disclosure agreement executed by the incumbent retail electric service provider. If the information provided in the notice is subject to a non-disclosure agreement, the information will not be provided to PUD This notice shall provide the following information:

(1) A specific description of the anticipated location of the new electric-consuming facility within a quarter section to allow clear identification of the new facility's location, and the identification of the certified territory retail electric service provider.

(2) A general description of the planned size of the connected load for initial full operation to be added.

(3) Identification of the tariff, on file with PUD, under which the retail electric supplier intends to serve the electric-consuming facility.

(4) Verification whether a written notice was sent by the new electric-consuming facility to the incumbent retail electric service provider regarding the consumer's choice of retail electric supplier and that, pursuant to 17 O.S. § 158.25(F), the incumbent retail electric service provider either did not respond to such customer notice within thirty (30) days or chose in writing not to compete for customer's service.

In the event that portions of this information are not known at the time the notice is made, the notice to the incumbent retail electric service provider shall be supplemented after the information is known by the nonincumbent provider.

(b) Section 17 O.S. (2023) §158.25(F) contains the following provisions, to achieve the purposes of the Retail Electric Supplier Certified Territory Act, retail electric service providers are required to establish and utilize rate tariffs which are specifically applicable to a rate class of customers composed of electric-consuming facilities being served in accord with the 1,000 kw size exception found in 17 O.S. § 158.25(E) and located outside the retail electric service provider's certified territory. Such tariffs for any new customers that have signed contracts for service on or after November 1, 2023 shall conform to the following criteria:

(1) They may be created for either a specific electric-consuming facility or for a class of electric-consuming facilities taking service under this provision.

(2) For retail electric service providers that are rate-regulated by the Commission, the rates supporting this rate class shall be determined in the rate-regulated service provider's most recent rate proceeding.

(3) Rates for this rate class shall be designed to recover (i) the costs of extending service to the competitive load of electric-consuming facilities of 1,000 kw or larger located outside the retail electric service provider's certified territory; and (ii) the allocated share of other costs associated with providing service to the new electricconsuming facility.

(4) They shall be cost-of-service based and shall not subsidize other rate classes or be subsidized by other rate classes.

(5) Unless costs of extending service to such a new load are collected from the customer, those costs shall be included in the cost-of-service study in the next rate proceeding.

Okla. Admin. Code § 165:35-11-4

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

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 10/1/2024