Applicability of the Oklahoma Administrative Code to Municipally Owned Utility
Greetings All:
I am looking at the notice of disconnection requirements under the Oklahoma Corporation Commission's rules or mandates as contained in the Oklahoma Administrative Code at Title 165. Specifically I am looking only at OAC 165:35-21-20 ... the notice required to a consumer. I recognize that under the OAC different notice is required to residential users compared to commercial users.
Question: Is the OAC applicable to a utility wholly owned by a Municipal Trust?
I have received differing opinions. My opinion is that the OAC applies.
Thank you for any opinions or assistance.
Michael T. Beason, OBA #18535
City Attorney - Altus
509 S. Main St.
Altus, Oklahoma 73521
I believe this answers your question:
Oklahoma Statutes Citationized
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST17 Title 17. Corporation Commission
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST17#Chapter8-Water,Heat,Light,andPowerCompanies Chapter 8 - Water, Heat, Light, and Power Companies
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 151 - Public Utility Defined - Exemption of Nonprofit Water and Sewer Corporations - Washington County - Authority of Certain Beneficiaries to Condemn Property
Cite as: O.S. §, __ __
The term "public utility" as used in Sections 151 https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=66528 through 155https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=66532 of this title, shall be taken to mean and include every corporation, association, company, individuals, their trustees, lessees, or receivers, successors or assigns, except as hereinafter provided, and except cities, towns, or other bodies politic, that now or hereafter may own, operate, or manage any plant or equipment, or any part thereof, directly or indirectly, for public use, or may supply any commodity to be furnished to the public.
(a) For the conveyance of gas by pipeline.
(b) For the production, transmission, delivery or furnishing of heat or light with gas.
(c) For the production, transmission, delivery or furnishing electric current for light, heat or power.
(d) For the transportation, delivery or furnishing of water for domestic purposes or for power. Provided further that a corporation organized and existing not for profit pursuant to Title 18 of the Oklahoma Statutes, Sections 851-863, but for the purpose of developing and providing rural water supply and sewage disposal facilities to serve rural residents shall not be declared a public utility under this act, and shall be exempt in any and all respects from the jurisdiction and control of the Corporation Commission of this state.
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From: Oama oama-bounces@lists.imla.org on behalf of Michael Beason mbeason@altusok.gov
Sent: Thursday, April 16, 2020 1:32 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Applicability of the Oklahoma Administrative Code to Municipally Owned Utility
Greetings All:
I am looking at the notice of disconnection requirements under the Oklahoma Corporation Commission’s rules or mandates as contained in the Oklahoma Administrative Code at Title 165. Specifically I am looking only at OAC 165:35-21-20 … the notice required to a consumer. I recognize that under the OAC different notice is required to residential users compared to commercial users.
Question: Is the OAC applicable to a utility wholly owned by a Municipal Trust?
I have received differing opinions. My opinion is that the OAC applies.
Thank you for any opinions or assistance.
Michael T. Beason, OBA #18535
City Attorney – Altus
509 S. Main St.
Altus, Oklahoma 73521