Okla. Stat. tit. 74, § 74-9054
This is the official text of Okla. Stat. tit. 74, § 74-9054, part of Oklahoma’s Stat. tit. 74, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 74,." Browse the sections below, each linked to its official government source.
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Application for determination and approval
Official statutory text
A. In the event an unregulated utility opts for financing
pursuant to this act, the unregulated utility shall submit to the
Oklahoma Development Finance Authority an application for
determination and approval of qualified costs as defined in this
act. The Authority, with assistance from the Public Utility
Division of the Oklahoma Corporation Commission pursuant to
subsection C of this section, shall determine the qualified costs an
unregulated utility actually and lawfully incurred and that were
directly related to the extreme weather experienced in February
2021.
B. The Authority may develop procedures to receive and review
applications for the establishment of qualified costs; provided, the
application shall require but not be limited to:
1. The amount of extreme purchase costs and extraordinary costs
requested for recovery;
2. Whether the unregulated utility is requesting a loan for all
or a portion of the extreme purchase costs and extraordinary costs
eligible for recovery;
3. Estimated amounts of cost savings from or demonstration of
how utility bill impact to customers would be mitigated by receiving
a loan for the eligible extreme purchase costs and extraordinary
costs, in comparison with traditional financing or any other utility
recovery methods; and
4. Any other information or documentation required by the
Authority to effectuate this act.
Oklahoma Statutes - Title 74. State Government Page 1247
After the Authority receives an application pursuant to subsection A
of this section, a copy of the application shall be transmitted to
the Commission for administrative review pursuant to subsection C of
this section.
C. 1. The Commission is hereby authorized, for the limited
purposes of this act, to receive an application by an unregulated
utility for administrative review of extreme purchase costs and
extraordinary costs to be recovered through the issuance of loans by
the Authority. In determining the amount of costs to be recovered,
the Commission shall audit these amounts requested to ensure they
meet the definition of extreme purchase costs and extraordinary
costs, were actually incurred, were paid or are payable and would be
recovered from customers in the normal course of business.
2. Once the Commission has completed administrative review of
the costs to be recovered, a written copy of the findings of the
review shall be transmitted to the Authority.
D. After receiving the findings of the administrative review
conducted by the Corporation Commission pursuant to subsection C of
this section, the Authority shall issue a written approval or
disapproval of the application to the Authority quantifying the
approved or disapproved qualified costs. A copy of the written
approval or disapproval of the application shall be provided to the
Governor, the President Pro Tempore of the Senate and the Speaker of
the House of Representatives on the same date the approval or
disapproval is issued by the Authority.
E. In the event the Authority rejects an application for
failure to provide sufficient information to make a determination of
qualified costs, it shall provide the reasons for rejection to the
unregulated utility and the unregulated utility may then modify and
resubmit the application to the Authority with the necessary
documents and information. The Authority shall then transmit a copy
of the resubmitted application to the Commission for administrative
review pursuant to subsection C of this section.
pursuant to this act, the unregulated utility shall submit to the
Oklahoma Development Finance Authority an application for
determination and approval of qualified costs as defined in this
act. The Authority, with assistance from the Public Utility
Division of the Oklahoma Corporation Commission pursuant to
subsection C of this section, shall determine the qualified costs an
unregulated utility actually and lawfully incurred and that were
directly related to the extreme weather experienced in February
2021.
B. The Authority may develop procedures to receive and review
applications for the establishment of qualified costs; provided, the
application shall require but not be limited to:
1. The amount of extreme purchase costs and extraordinary costs
requested for recovery;
2. Whether the unregulated utility is requesting a loan for all
or a portion of the extreme purchase costs and extraordinary costs
eligible for recovery;
3. Estimated amounts of cost savings from or demonstration of
how utility bill impact to customers would be mitigated by receiving
a loan for the eligible extreme purchase costs and extraordinary
costs, in comparison with traditional financing or any other utility
recovery methods; and
4. Any other information or documentation required by the
Authority to effectuate this act.
Oklahoma Statutes - Title 74. State Government Page 1247
After the Authority receives an application pursuant to subsection A
of this section, a copy of the application shall be transmitted to
the Commission for administrative review pursuant to subsection C of
this section.
C. 1. The Commission is hereby authorized, for the limited
purposes of this act, to receive an application by an unregulated
utility for administrative review of extreme purchase costs and
extraordinary costs to be recovered through the issuance of loans by
the Authority. In determining the amount of costs to be recovered,
the Commission shall audit these amounts requested to ensure they
meet the definition of extreme purchase costs and extraordinary
costs, were actually incurred, were paid or are payable and would be
recovered from customers in the normal course of business.
2. Once the Commission has completed administrative review of
the costs to be recovered, a written copy of the findings of the
review shall be transmitted to the Authority.
D. After receiving the findings of the administrative review
conducted by the Corporation Commission pursuant to subsection C of
this section, the Authority shall issue a written approval or
disapproval of the application to the Authority quantifying the
approved or disapproved qualified costs. A copy of the written
approval or disapproval of the application shall be provided to the
Governor, the President Pro Tempore of the Senate and the Speaker of
the House of Representatives on the same date the approval or
disapproval is issued by the Authority.
E. In the event the Authority rejects an application for
failure to provide sufficient information to make a determination of
qualified costs, it shall provide the reasons for rejection to the
unregulated utility and the unregulated utility may then modify and
resubmit the application to the Authority with the necessary
documents and information. The Authority shall then transmit a copy
of the resubmitted application to the Commission for administrative
review pursuant to subsection C of this section.
Status: in_force · Read it on the official government site
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