Okla. Stat. tit. 17, § 17-158.25

consuming facilities.

A. Except as otherwise provided herein, each retail electric

supplier shall have the exclusive right to furnish retail electric

service to all electric-consuming facilities located within its

certified territory, and shall not furnish, make available, render

or extend its retail electric service to a consumer for use in

electric-consuming facilities located within the certified territory

of another retail electric supplier; provided that any retail

electric supplier may extend its facilities through the certified

territory of another retail electric supplier, if such extension is

necessary for such supplier to connect any of its facilities or to

serve its consumers within its own certified territory.

B. Except as provided in subsections C and E of this section,

any new electric-consuming facility located in an unincorporated

area which has not as yet been included in a map issued by the

Commission, pursuant to Section 158.24 of this title, or certified,

pursuant to Section 158.24 of this title, shall be furnished retail

electric service by the retail electric supplier which has an

existing distribution line in closer proximity to such electric-

consuming facility than is the nearest existing distribution line of

any other retail electric supplier. Any disputes under this

subsection shall be resolved by the Commission.

C. If the Commission, after hearing, shall determine that the

retail electric service being furnished or proposed to be furnished

by a retail electric supplier to an electric-consuming facility is

inadequate and is not likely to be made adequate, the Commission may

authorize another retail electric supplier to furnish retail

electric service to such facility.

D. Except as provided in subsection C of this section, no

retail electric supplier shall furnish, make available, render or

extend retail electric service to any electric-consuming facility to

Oklahoma Statutes - Title 17. Corporation Commission Page 92

which such service is being lawfully furnished by another retail

electric supplier on September 10, 1971, or to which retail electric

service is lawfully commenced thereafter in accordance with this

section by another retail electric supplier.

E. The provisions of this act shall not preclude any retail

electric supplier from extending its service after September 10,

1971, (1) to its own property and facilities, in an unincorporated

area, and (2) subject to subsection D of this section, to an

electric-consuming facility requiring electric service, in an

unincorporated area, if the connected load for initial full

operation of such electric-consuming facility is to be 1,000 kw or

larger.

F. To achieve the purposes of efficient, cost-effective retail

electric service without duplication of electric facilities and to

avoid unfairly shifting costs to residential consumers, 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 subsection E of

this section and located outside the retail electric service

provider's certified territory. These tariffs may be for a specific

electric consuming facility or for a class of electric consuming

facilities taking service under this provision. 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. 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 electric
egulated service provider's most recent rate proceeding. 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 electric

consuming facility. Such tariffs shall be cost-of-service based and

shall not subsidize other rate classes or be subsidized by other

rate classes. 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. If the

electric service provider, in whose certified territory the

competitive load is seeking electric service, chooses in writing not

to compete for said competitive load or does not respond within

thirty (30) days of receiving written notice by the customer, the

terms of this subsection shall not apply.