Okla. Admin. Code § 165:35-31-19

Current through Vol. 41, No. 19, June 17, 2024

Section 165:35-31-19 - Standards for transactions between utilities and affiliate(s)

Electric utilities must conduct their business to conform to the following standards:

(1) Electric utilities must apply any tariff provision in the same manner to the same or similarly situated persons if there is discretion in the application of the provision.

(2) Electric utilities must strictly enforce a tariff provision for which there is no discretion in the application of the provision.

(3) Except as necessary for physical operational reasons, electric utilities may not, through a tariff provision or otherwise, give their affiliates or knowingly give customers of their affiliates preference over other utility customers in matters relating to any service offered including, but not limited to: generation, transmission, distribution and ancillary services, scheduling, balancing, or curtailment policy.

(4) Unless such disclosure is made public simultaneously or as near to the event as possible, electric utilities shall not disclose to their affiliates any information which they receive from, a non-affiliated customer, a potential customer, any agent of such customer, or potential customer, or other entity seeking to supply electricity to a customer or potential customer.

(5) An electric utility's operating employees and the operating employees of its affiliate must function independently of each other and shall be employed by separate corporate entities.

(6) Electric utilities and their affiliates shall keep separate books of accounts and records.

(7) Electric utilities shall establish a complaint procedure. In the event the electric utility and the complainant are unable to resolve a complaint, the complainant may address the complaint to the Commission.

(8) With respect to any transaction or agreement relating in any way to electric generation, transmission, distribution and ancillary services, an electric utility shall conduct all such transactions with any of its affiliates on an arm's length basis.

(9) The Commission shall resolve affiliate transaction disputes or abuses on a case-by-case basis. Any aggrieved party may file a complaint with the Commission alleging the particulars giving rise to the alleged dispute or abuse. The Commission shall consider at a minimum, the following issues when hearing a complaint:

(A) Whether or not the information or data furnished to the affiliate was generally available to other market participants.

(B) Whether or not the electric utility conducted business in such a manner that actual or expected expenses were shifted from the non-regulated subsidiary to the regulated entity.

(C) Whether or not the electric utility conducted business in such a manner that actual or expected revenues were shifted from the regulated entity to the non-regulated entity.

(D) Whether or not the regulated entity offered terms, condition or rates for the provision of electric services to the affiliate that it refused to provide to other customers or whether such resulted in the affiliate having an unfair advantage.

(10) Electric utilities must process all similar requests for electric services in the same manner and within the same period of time.

(11) Electric utilities shall not provide leads to their affiliates and shall refrain from giving any appearance that the electric utility speaks on behalf of its affiliate(s). Nor shall the affiliate trade upon, promote or advertise its affiliation or suggest that it receives preferential treatment as a result of its affiliation. The use of a common corporate or parent holding company name shall not be a violation of this provision so long as the regulated utility and the affiliate entities can be distinguished.

(12) Electric utilities, except for billing and collection services and customer service, or by order of the Commission, shall not share their customer list or related customer information with affiliates unless the information is simultaneously shared with non-affiliate entities.

(13) The electric utility shall not communicate with any third party that any advantage in the provision of electric services may accrue to such third party as a result of that third party's dealings with the electric utility's affiliate.

Okla. Admin. Code § 165:35-31-19

Added at 21 Ok Reg 2085, eff 7-1-04