Examination of requests for review of rates and charges. A. The Commission shall have general supervision over all public utilities, with power to fix and establish rates and to prescribe and promulgate rules, requirements and regulations, affecting their services, operation, and the management and conduct of their business; shall inquire into the management of the business thereof, and the method in which same is conducted. B. 1. When any public utility subject to general supervision pursuant to this section or to Section 158.27 of this title shall file with the Commission a request for review of its rates and charges, such request shall be given immediate attention.
2. In the exercise of this responsibility, the Commission shall complete any examination of such request for a review of its rates and charges within one hundred twenty (120) days from the date such application for review of its rates and charges is filed. 3. Public hearings on such matter must commence within forty- five (45) days of the end of such examination to be conducted by the Commission and in no event shall the conclusion of such examination of the rates and charges and the hearing conducted by the Commission exceed one hundred eighty (180) days from the date the request was filed. 4. If such request for review of the applicant's rates and charges has not been completed and an order issued within one hundred eighty (180) days from the date of filing of such application, some or all of the request for changes in the rates, charges, and regulations made in such application shall be immediately placed into effect and collected through new tariffs on an interim basis at the discretion of the applicant. 5. Should the Commission determine upon the completion of its examination and public hearings that a refund regarding the amount of interim relief is appropriate and necessary, the Commission shall order such refund including reasonable interest at the one-year U.S. Treasury bill rate accruing on that portion of the rate increase to be refunded for a period not to exceed ninety (90) days from the effective date of the rate increase which is being refunded. C. The Commission shall have full visitorial and inquisitorial power to examine such public utilities, and keep informed as to their general conditions, their capitalization, rates, plants, equipments, apparatus, and other property owned, leased, controlled or operated, the value of same, the management, conduct, operation, practices and services; not only with respect to the adequacy, security and accommodation afforded by their service, but also with respect to their compliance with the provisions of this act, and with the Constitution and laws of this state, and with the orders of the Commission. Added by Laws 1913, c. 93, p. 150, § 2. Amended by Laws 1993, c. 231, § 2, emerg. eff. May 26, 1993; Laws 1994, c. 315, § 6, eff. July 1, 1994.
Notes of Decisions
Pub. Serv. Co. v. State Ex Rel. Corp. Comm'n Ex Rel. Loving, 918 P.2d 733 (Okla. 1996).
· cites it 2× “Title 17 O.S.Supp.1994 § 152 provides: The Commission shall have general supervision over all public utilities, with power to fix and establish rates and to prescribe and promulgate rules, requirements and regulations, affecting their services, operation, and the management and…”
Smith Cogeneration Mgmt., Inc. v. Corp. Comm'n, 863 P.2d 1227 (Okla. 1993).
· cites it 2× “In Oklahoma Gas and Electric, this Court held that an interpretation of 17 O.S.1971 § 152, 28 extending the power of the Corporation Commission to control internal management, to the extent it could prohibit the construction of a proposed project would violate § 35 of the Art.”
Fent v. Oklahoma Nat. Gas Co., 804 P.2d 1146 (Okla. Civ. App. 1990).
· cites it 4× “Article 9, § 18 of the Oklahoma Constitution empowers the Commission to supervise, regulate and control public utility companies doing business within the state in all matters relating to performance of their public duties.”
Oklahoma Gas & Elec. Co. v. Corp. Comm'n, 543 P.2d 546 (Okla. 1975).
· cites it 2× “Landowners rely on general statutes only and the primary statute relied upon is 17 O.S.1971, § 152, which, inter alia, provides: “The Commission shall have general supervision over all public utilities, with power to fix and establish rates and to prescribe rules, requirements…”
State Ex Rel. Cartwright v. Sw. Bell Tel. Co., 662 P.2d 675 (Okla. 1983).
“9 § 18, nor the statutes of the State of Oklahoma, 17 O.S.1981, § 152, prescribe any particular or specific form of evidentiary hearing in fixing and establishing rates in public utility cases, and no such procedural requirement by rules established by the Commission itself has…”
Pub. Serv. Co. of Oklahoma v. Norris Sucker Rods, 917 P.2d 992 (Okla. Civ. App. 1995).
“17 O.S.Supp.1994 § 152. Additionally, the Legislature has given the Commission “all additional implied and incidental powers which may be proper and necessary” to cany out its powers.”
Burmah Oil & Gas Co. v. Corp. Comm'n, 541 P.2d 834 (Okla. 1975).
“The Oklahoma Corporation Commission is a tribunal of limited jurisdiction. 52 O.S. § 10 confers no jurisdiction upon the Commission to enforce the provisions thereof.”
City of Chickasha v. Arkansas Louisiana Gas Co., 625 P.2d 638 (Okla. Civ. App. 1981).
“is a public utility, the Corporation Commission, under Title 17 O.S.1951 § 152, and by our Constitution, has general supervision over public utilities with power to prescribe rules and regulations affecting their service and operation.”
Sierra Club v. Corp. Comm'n, 2018 OK 31 (Okla. 2018).
“¶2 The majority opinion misinterprets § 286(B) as providing the only authority for pre-approval of a capital expenditure to comply with an environmental regulation.”
— Okla. Stat. tit. 17, § 152(A) — 3 cases
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