Title 17. Corporation Commission
§17-1. Violating rules, orders or other requirements of Commission - Switching service provider without consent of customer - Fines.
A. 1. Upon a determination by the Corporation Commission of violation of any of its rules, orders or other requirements, a corporation, person or firm may be fined by the Commission, a sum not to exceed Five Hundred Dollars ($500.00), as the Commission may deem proper. Each day's continuance of such violation, after due service upon such corporation, person or firm, of the order or requirement of the Commission shall be a separate offense.
2. If the operation of such order or requirement is suspended, pending an appeal, the period of such suspension shall not be computed against the corporation, person or firm, with regard to its liability for fines and penalties.
B. Any corporation, person or firm that switches the local or long distance telephone, electrical energy, or natural gas service provider of a customer without the consent of the customer may be fined by the Commission a sum not to exceed Ten Thousand Dollars ($10,000.00) per occurrence, as the Commission may deem proper after notice and opportunity for hearing.
R.L. 1910, § 1192. Amended by Laws 1998, c. 48, § 1, eff. Nov. 1, 1998; Laws 2000, c. 178, § 1, eff. Nov. 1, 2000.
§172. Contempt proceedings When authorized Institution of prosecution Notice.
In case of failure of any corporation, person or firm to obey or comply with any order or requirement of the Corporation Commission, the Commission may punish such corporation, person or firm, as for contempt. Such contempt proceedings may be instituted by any citizen of this state, or other parties affected by such order, by filing an affidavit with the Corporation Commission, setting forth the acts of omission or failure to comply with such order or requirement. Upon the filing of such affidavit or information above mentioned, it shall be the duty of the Commission to forward to such offending corporation, person or firm a copy of such affidavit or information, and shall also issue citation to such corporation, person or firm to answer at a time to be fixed in the citation, not less than ten (10) days, nor more than twenty (20) days from the date of the service of said citation.
R.L.1910, § 1193.
§173. Pleadings, trial, judgment and appeal.
If the defendant shall fail to appear or file answer on the day mentioned in the citation, such failure to appear or file answer shall be deemed an admission of the truth of each and every material allegation in such affidavit, or information, and the Commission may render judgment without further hearing or testimony; or the Commission may in its discretion require additional evidence before rendering judgment in any case of default. Upon the appearance and filing of answer of the defendant, such appearance may be by plea, demurrer or answer, and when the issue shall have been settled, the Commission may hear evidence as to the matters and facts in reference to the alleged violation of the order or requirement, and may continue the hearing from time to time, and the defendant shall be given ample opportunity to introduce proper evidence and be fully heard in the premises. Upon the conclusion of the evidence and arguments of counsel, the Commission shall render judgment, a copy of which shall be delivered to the defendant, and the defendant shall have five (5) days from the receipt of copy of the judgment to file its exceptions thereto, and shall be allowed to appeal from the judgment of the Commission, to the Supreme Court, as provided in other cases, upon its filing a bond with the Commission in double the amount of such fine or judgment, with such security as may be required by the Commission. Upon the filing of such bond with the commission and allowing of the appeal, the same shall operate a suspension of the fine and judgment appealed from.
R.L.1910, § 1194.
§174. Suspension bond.
If the order violated for which such fine or judgment is imposed shall have been an order promulgating or fixing rates, to be charged by public service corporations, persons or firms, it shall be necessary in appealing from such fine or judgment for the defendant to give a suspending bond, executed and filed with and approved by the Commission, payable to the state, and sufficient in amount and security to insure the prompt refunding by the appealing corporation, person or firm, to the parties entitled thereto, of all charges which such company may collect or receive, pending the appeal, in excess of those fixed or authorized by the order of the Commission violated or disregarded by such corporation, person or firm. Such bond shall be conditioned to require such corporation, person or firm to keep such accounts and to make to the Commission from time to time such report, verified by oath, as may in the judgment of the Commission suffice to show the amount being charged or received by the company pending the appeal, in excess of the charge prescribed by the Commission in the order violated, together with the names and addresses of persons to whom such overcharges will be refunded in case the charges made by the company pending the appeal be not sustained on the final judgment, and the commission may at any time require such corporation, person or firm to give additional security or to increase the suspending bond when the same may appear to the Commission to be necessary to insure the prompt refunding of the overcharges aforesaid. Upon the final judgment, if the order violated is sustained in the Supreme Court, the Commission shall distribute such overcharges to the persons to whom the same are due, as provided in Section twentyone, Article nine, of the Constitution: Provided, that if the order violated is one fixing or establishing rates and the corporation, person or firm shall obey such order and carry its provisions into effect pending such appeal, the last abovementioned bond shall not be required.
R.L.1910, § 1195.
§175. Supreme Court to give precedence to such appeals.
Section 5. All cases appealed to the Supreme Court from the judgment of the Corporation Commission as herein provided, shall have precedence therein, except as provided in the Constitution, and it shall be the duty of the Supreme Court to advance the same on the docket for immediate consideration and proceed to final judgment without any unnecessary delay.
R.L.1910, § 1196.
§176. Judgment lien Execution.
Section 6. All judgments or fines assessed against any corporation, person or firm, for the violation of any order or regulation, as herein provided, shall be a first lien on all property of such corporation, person or firm within this state, and it shall be the duty of the Corporation Commission, if such judgment or fine is not paid within thirty (30) days after the rendition of such judgment or fine, to issue an execution, directed to the marshal of the Corporation Commission, commanding him to seize sufficient property of such corporation, person or firm, to satisfy the fine or judgment. And it shall be the duty of the Marshal to sell or dispose of properties levied on by reason of an execution issued by the Commission, in like manner as now required by sheriffs of this state, for the sale of property levied on by virtue of an execution issued on a judgment of a district court.
R.L.1910, § 1197.
§17-6.1. Civil penalties - Willfully and knowingly injuring or destroying pipeline transportation system.
A. Any person who has been determined by the Commission to have violated any provision of any rule, regulation, or order issued pursuant to the provisions of the Commission related to pipeline safety shall be liable for a civil penalty of not more than Ten Thousand Dollars ($10,000.00) for each day that said violation continues. The maximum civil penalty shall not exceed Five Hundred Thousand Dollars ($500,000.00) for any related series of violations.
B. The amount of the penalty shall be assessed by the Commission pursuant to the provisions of subsection A of this section, after notice and hearing. In determining the amount of the penalty, the Commission shall include but not be limited to consideration of the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, the effect on ability of the person to continue to do business, and any show of good faith in attempting to achieve compliance with the provisions of the rules and regulations of the Commission.
All penalties collected pursuant to the provisions of this section shall be deposited into the Pipeline Enforcement Fund.
C. Any person who willfully and knowingly injures or destroys, or attempts to injure or destroy, any pipeline transportation system, upon conviction, shall be guilty of a felony and shall be subject for each offense to a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or imprisonment for a term not to exceed fifteen (15) years or both such fine and imprisonment.
Added by Laws 1992, c. 271, § 2, emerg. eff. May 25, 1992. Amended by Laws 1997, c. 133, § 136, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 62, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 136 from July 1, 1998, to July 1, 1999.
§177. Judgment of Supreme Court on appeal.
In cases appealed to the Supreme Court, as provided in this article, if the judgment of the Commission is affirmed, it shall be the duty of the Supreme Court, upon entering such judgment, to direct the Clerk of the Court to deliver to the Commission a certified copy of such judgment, and upon receipt of such certified judgment, the Corporation Commission shall within ten (10) days, if such judgment and costs shall not have been paid, enter judgment against the sureties on the appeal bond without further notice or hearing, and shall within thirty (30) days from the rendition of such judgment against the sureties of said appeal or suspending bonds, if the same shall not have been paid, issue an execution against the corporation, person or firm, and the sureties of said appeal or suspending bonds as provided in the preceding section. If the judgment of the Commission is reversed or modified by the Supreme Court, the same shall be remanded to the Commission with instruction to change or modify the former judgment of the Commission to conform to the opinion of the Supreme Court. The Supreme Court may remand any case for additional evidence or rehearing, and make such final order or judgment in the case as the Court may deem proper.
R.L.1910, § 1198.
§178. Moneys to be paid into state treasury.
All moneys collected by the Corporation Commission, under this article, shall be paid into the treasury of the state.
R.L.1910, § 1199.
§17-9. Taxation of costs and fees.
In all cases where fines or judgments are assessed against an offending corporation, person or firm for the violation of any order or requirement of the Commission, as provided in this article, judgment shall be rendered against the defendant for all costs, which shall include the following: Witness fees at One Dollar and fifty cents ($1.50) per day, with necessary mileage at five cents ($0.05) per mile, to and from the place of hearing to the residence of the witness; the fees of the Marshal to the Commission, the same as now allowed to sheriffs for like services in this state; Ten Dollars ($10.00) docket fee, including all fees for filing and certifying papers and documents, except necessary fee for transcribing the record, ten cents ($0.10) for each folio of one hundred words; and in the Supreme Court, the same fees as are charged in cases appealed from the district courts of this state to the Supreme Court.
Laws 1919, c. 54, p. 89, § 1.
§1710. Attorney General to prosecute.
It shall be the duty of the Attorney General to prosecute to final judgment all proceedings instituted under the provisions of this article, for the violation of any of the orders of the Corporation Commission.
R.L.1910, § 1201.
§1711. Proceedings when no quorum present.
At any time a cause is set for hearing and a quorum of the Commission is not present at the time set for said hearing, any member thereof may adjourn the hearing to some future time or said Commissioner present may proceed to take the testimony, which shall be transcribed and submitted to the Commission before consideration thereof; said testimony so taken shall be submitted to the Commission at a time and place fixed by the Commissioner taking the same.
R.L.1910, § 1202.
§1712. Depositions.
The Commission is authorized to have depositions taken upon the application of either party to any cause pending before it, or upon its own motion; and it is further authorized to designate a person to take depositions under such rules and regulations as may be prescribed by the Commission: Provided, that any party to a proceeding before the Commission may take depositions in the same manner as in actions pending in the courts of the state.
R.L.1910, § 1203.
§1713. Admission of evidence.
The Corporation Commission shall in the trial of cases and all special proceedings and hearings admit in evidence only such balance sheets, operating statements and other financial exhibits and schedules as shall have been compiled and authenticated by the treasurer or other regularly acting financial officer or employee of such person, firm, association or corporation as may be a party to the proceeding, action or cause pending before or being tried by said Commission; provided, that if otherwise relevant and admissible, reports of audit, balance sheets, operating statements and financial exhibits and schedules prepared by employees of said Commission and by public accountants as defined in Section 15.1 et seq. of Title 59 of the Oklahoma Statutes or certified public accountants under the laws of the state, shall be admissible and accepted in evidence in all cases.
Laws 1923, c. 93, p. 159, § 1; Laws 1994, c. 50, § 1, emerg. eff. April 11, 1994.
§1714. Penalty for refusing examination of books in violation of Constitution, Article IX, Section 28.
If any officer of any railroad company or other public service corporation, or of any other corporation or any other person, in violation of the provisions of Article 9, Section 28, of the Constitution of the State of Oklahoma, shall refuse to permit the Corporation Commissioners, or any person authorized thereto, to examine its books and papers, such officer or other person so refusing shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than TwentyFive Dollars ($25.00), nor more than Five Hundred Dollars ($500.00), and by imprisonment in the county jail for not less than thirty (30) days nor more than one (1) year; and each day such officers or other person shall fail or refuse to permit such examination or investigation, shall constitute a separate offense.
R.L.1910, § 1204.
§1715. Penalty for refusing examination of books in violation of Constitution, Article II, Section 28.
If any officer of any corporation in violation of Article 2, Section 28 of the Constitution of the State of Oklahoma shall refuse to permit any person authorized by the state, to examine its papers, books and files, such officer or other person so refusing shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than TwentyFive Dollars ($25.00), nor more than Five Hundred Dollars ($500.00), and by imprisonment in the county jail for not less than thirty (30) days nor more than one (1) year; and each day such officer or other person shall fail or refuse to permit such investigation or examination shall constitute a separate offense.
R.L.1910, § 1205.
§1716. Penalty for destroying records.
Any person who shall conceal, destroy, or mutilate or attempt to conceal, destroy, or mutilate any records, books, or files of any corporation transacting business in this state for the purpose of defeating, hindering or delaying any investigation, prosecution or suit at law or equity, or any cause of action in any vested rights of any citizen of this state, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years.
R.L. 1910, § 1206. Amended by Laws 1997, c. 133, § 137, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 63, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 137 from July 1, 1998, to July 1, 1999.
§1717. Penalties cumulative.
Nothing herein contained shall be construed to cancel or alter the penalty now prescribed by the Constitution against such corporations for refusing to permit an investigation and examination of its books, records and files.
R.L.1910, § 1207.
§17-18. Expert witnesses - Documentation of justification.
The Corporation Commission is authorized to employ expert witnesses to prepare and present testimony in matters pending before the Commission or in matters concerning the Commission pending in other state or federal forums. The selection and compensation of expert witnesses by the Corporation Commission shall be exempt from the Oklahoma Central Purchasing Act. For expert witnesses selected pursuant to this section, the Commission shall document, in writing, the justification for choosing the person selected. The justification shall include the number of expert witnesses considered and the cost to the state. Such documentation shall be available for public inspection and maintained for a period of not less than five (5) years.
Added by Laws 1998, c. 180, § 1, eff. July 1, 1998.
§17-31. Senior Utility Rate Analysts - Salary - Qualifications.
The Corporation Commission shall employ two Senior Utility Rate Analysts. Said positions shall be in the unclassified service and shall have a maximum annual salary, payable monthly, which shall be specified in the Commission's annual appropriation bill. Any person filling said position shall possess either:
1. A bachelor's degree or advanced degree in the area of accounting, business administration, economics, engineering, finance, law, or equivalent and a minimum of two (2) years' experience in utility regulation on behalf of utility applicants, commission staff, or intervenors; or
2. A minimum of five (5) years' experience in utility regulation on behalf of utility applicants, commission staff, or intervenors.
Added by Laws 1980, c. 298, § 5, emerg. eff. June 13, 1980. Amended by Laws 1998, c. 180, § 2, eff. July 1, 1998.
§17-32. Director of Administration - Qualifications - Duties.
A. The Corporation Commission shall employ one (1) Director of Administration. Said position shall be in the unclassified service.
B. The Director of Administration shall be required to hold at least a bachelor's degree in marketing, business administration, accounting, personnel management, public administration, counseling, political science, related fields or experience equivalent thereto, or shall hold a juris doctorate degree, and shall have experience in a supervisory capacity in administrative or personnel management work.
C. The Director of Administration shall perform duties as directed by the Commission.
D. The Director of Administration shall not be an owner, stockholder, employee or officer of, nor have any other business relationship with or receive compensation from, any corporation, partnership, or other business or entity which is subject to regulation by the Commission.
Added by Laws 1980, c. 298, § 6, emerg. eff. June 13, 1980. Amended by Laws 1990, c. 266, § 55, operative July 1, 1990; Laws 1994, c. 315, § 1, eff. July 1, 1994; Laws 2004, c. 262, § 11.
§1733. Administrative Aide Salary Powers and duties Office location.
Each Corporation Commissioner is hereby authorized to employ one (1) Administrative Aide. Said positions shall be in the unclassified service and each shall have a maximum annual salary, payable monthly, which shall be specified in the Commission's annual appropriation bill. Each Administrative Aide shall have such powers and perform such duties as are assigned to him by the Corporation Commissioner. Such Administrative Aide shall office in the State Capitol Complex in Oklahoma City.
Laws 1980, c. 298, § 7, emerg. eff. June 13, 1980.
§1734.1. Implementation and administration of Public Utility Regulatory Policies Act and Residential Energy Conservation Program.
The Oklahoma Corporation Commission shall have the power to implement and administer the Public Utility Regulatory Policies Act (P.L. 95617) and the Residential Energy Conservation Program, 42 U.S.C., Sections 8211 through 8235i. The Public Utility Division of the Corporation Commission shall be responsible for assisting the Commission in the performance of these duties.
The Corporation Commission shall adopt such rules and regulations as are necessary to implement the purpose of all federal laws which are administered or enforced by the Corporation Commission.
Amended by Laws 1987, c. 236, § 80, emerg. eff. July 20, 1987.
§17-34.2. Employees under Federal Underground Injection Control Project.
A. Prior to July 1, 1991, full-time-equivalent employee positions filled contingent upon the procurement of funding provided under the Federal Underground Injection Control Program shall be in the unclassified service and not subject to the provisions of the Oklahoma Personnel Act. Said fulltimeequivalent employee positions funded by the Federal Underground Injection Control Program shall terminate upon the exhaustion of said federal funding.
B. On and after July 1, 1991, full-time-equivalent employees positions filled pursuant to subsection A of this section shall be in the classified service and subject to the provisions of the Oklahoma Personnel Act.
Added by Laws 1987, c. 208, § 62, operative July 1, 1987; Laws 1987, c. 236, § 84, emerg. eff. July 20, 1987; Laws 1991, c. 332, § 5, eff. July 1, 1991.
§17-35. Data Processing Division - Responsibilities - Support services - Director.
There is hereby created within the Corporation Commission a Data Processing Division. The Division shall be responsible for all data processing requirements of the Commission and shall be funded from any monies available to the Commission. The Director of the Data Processing Division shall be in the unclassified service.
Added by Laws 1980, c. 298, § 9, emerg. eff. June 13, 1980. Amended by Laws 1985, c. 325, § 4, emerg. eff. July 29, 1985; Laws 2002, c. 347, § 1, emerg. eff. May 30, 2002.
§17-36. Repealed by Laws 1997, c. 275, § 14, eff. July 1, 1997.
§1737. Certain federal rules and regulations not to be enforced Exceptions.
The Corporation Commission shall not enforce any federal administrative rule or regulation prior to its effective date unless the administrative rule or regulation can be demonstrated to be economically beneficial to the State of Oklahoma or the people of Oklahoma.
Laws 1981, c. 318, § 14, emerg. eff. June 30, 1981.
§17-39. Petty cash fund – Maximum amount - Administration.
There is hereby created a petty cash fund for the Corporation Commission to be used for the purpose of supplying small change. The Corporation Commission working in conjunction with the Director of State Finance shall fix the maximum amount of the petty cash fund. The Office of State Finance shall prescribe all forms, systems, and procedures for administering the petty cash fund.
Added by Laws 1983, c. 263, § 12, operative July 1, 1983. Amended by Laws 1987, c. 163, § 2, eff. Nov. 1, 1987; Laws 2007, c. 27, § 1, emerg. eff. April 18, 2007.
§17-39.2. Remittances of taxes and fees – Service charges - Receipts - Deposit of money.
A. All remittances of taxes and fees required to be paid to the Corporation Commission pursuant to state law, shall be made to the Commission by bank draft, check, cashier’s check, money order, cash, or nationally recognized credit card or debit card. If payment is made by credit or debit card, the Commission may add an amount equal to the amount of the service charge incurred by the Commission, not to exceed four percent (4%) of the amount of the payment, as a convenience fee for the acceptance of the credit or debit card. For purposes of this subsection “nationally recognized credit or debit card” means any instrument or device, whether known as a credit card, credit plate, charge plate, debit card, or by any other name issued with or without fee by an issuer for the use of the cardholder in obtaining goods, service, or anything of value on credit which is accepted by over one thousand merchants in this state. The Commission shall promulgate rules to allow for the implementation of payment of taxes and fees by credit or debit card.
B. All remittances by bank draft, check, cashier's check, or money order, collected pursuant to any law, Commission rule, or order, shall be made payable to the Corporation Commission. The Commission shall issue its receipt, for cash or money payment to the remitter. No remittance other than cash shall be in full discharge of liability due the Corporation Commission unless and until it shall have been paid in cash. All money collected, including service or convenience fees, shall be deposited with the State Treasurer of this state.
C. There shall be assessed, in addition to any other penalties provided for by law, an administrative service fee of Twenty Dollars ($20.00) on each check returned to the Corporation Commission or any agent by reason of the refusal of the bank upon which the check was drawn to honor the same.
D. Upon the return of any check by reason of the refusal of the bank upon which the check was drawn to honor the same, the Corporation Commission may file a bogus check complaint with the appropriate district attorney who shall refer the complaint to the Bogus Check Restitution Program established by Section 111 of Title 22 of the Oklahoma Statutes. Funds collected by the program, after collection of the fee authorized by Section 114 of Title 22 of the Oklahoma Statutes, shall be transmitted to the Corporation Commission and credited to the liability for which the returned check was drawn and to the administrative service fee provided by this section.
Added by Laws 1991, c. 103, § 2, eff. July 1, 1991. Amended by Laws 2007, c. 27, § 2, emerg. eff. April 18, 2007.
§1740. Transportation Division.
There is hereby created within the Oklahoma Corporation Commission a division to be known as the Transportation Division. The Division shall be comprised of a Director and shall include special motor carrier enforcement officers created by Section 171.1 of Title 47 of the Oklahoma Statutes, motor carrier enforcement officers created by Section 172 of Title 47 of the Oklahoma Statutes, and such other persons as the Commission may find necessary to carry out the responsibilities prescribed by law and to enforce the orders, rules, regulations and judgments of the Commission.
Added by Laws 1984, c. 284, § 18, operative July 1, 1984. Amended by Laws 1985, c. 325, § 6, emerg. eff. July 29, 1985; Laws 1988, c. 322, § 1.
§17-40.1. Regional service areas - Regional service offices - Services provided - Staffing - Reports - Telephonic communication services.
A. For the purpose of accepting, processing and hearing applications for oil and gas well development, administrative applications, and for any other related matters, the Corporation Commission shall divide the state into two regional service areas. By September 1, 1990, the Corporation Commission shall establish and maintain in each regional service area, a regional service office located within the corporate limits of any municipality having a population of more than two hundred fifty thousand (250,000) inhabitants according to the last Federal Decennial Census to implement their duties pursuant to law. The State Office of the Corporation Commission located in Oklahoma City shall serve as the regional service office for the regional service area in which Oklahoma City is located. The regional service office shall service the regional service area in which such office is located or as otherwise provided by the Corporation Commission for public convenience.
B. 1. Applications for oil and gas well development, administrative applications and any other related matters may be filed in any regional service office.
2. The central record of all filings with all regional service offices shall be maintained in the State Office of the Corporation Commission located in Oklahoma City and all initial dockets shall be simultaneously announced in Oklahoma City and transmitted to regional offices.
3. All hearings on any application including but not limited to appellate hearings shall be held in the regional service office where the application is filed unless:
a. in the case of an application protested by a respondent mineral owner, or surface owner having standing to protest by statute or by Rule of the Corporation Commission, holding the hearing in the regional service office would not be at the convenience of such respondent mineral owner, or surface owner, or
b. the applicant and all protestants agree to have the Commission proceed to hear any case, or any portion thereof, during any stage of the proceedings, at any regional service office, or by telecommunication hearings, or
c. the applicant, all protestants and the Commission agree to have the Commission proceed to hear any case, or any portion thereof, during any stage of the proceedings, at another location other than a regional service office.
C. 1. The Corporation Commission shall provide for an adequately staffed regional service office in each regional service area to conduct the business of the regional service office as herein provided.
2. In order to implement the provisions of this subsection for the regional service office located within the corporate limits of a municipality having a population of more than two hundred fifty thousand (250,000) inhabitants, the Commission shall utilize the following positions from existing FTE for such service office:
POSITION MINIMUM
FTE
Office Administrator 1.0
Hearing Officers 2.0
Court Reporters 2.0
Docket Clerks 2.5
Secretary 1.0
3. The Corporation Commission shall maintain electronic data equipment capable of retrieving and printing information by cause number, applicant name, relief requested, or by county.
D. The Corporation Commission shall submit a report to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by February 1 of each year detailing the number of applications filed by county, hearings held and other activities performed by each regional service office.
E. The Corporation Commission shall promulgate rules, pursuant to the Administrative Procedures Act, to implement the provisions of this section.
F. The Corporation Commission shall develop and maintain a system for providing telephonic communication service for hearings related to oil and gas matters in municipalities having a population of more than eighty-five thousand (85,000) inhabitants according to the last Federal Decennial Census. In order to implement the provisions of this subsection, the Commission shall utilize from existing FTE the following position for such telephonic communication service:
POSITION FTE
Docket Clerk .5
Added by Laws 1990, c. 289, § 1. Amended by Laws 1992, c. 352, § 1, emerg. eff. June 4, 1992.
§1741. Cotton gins declared public utilities.
Cotton gins maintained and operated for the purpose of ginning seed cotton of the general public, or of persons other than the person or persons, or the stockholders of the corporation maintaining and operating said gin, or maintained and operated for the purpose of ginning seed cotton not produced and owned by the person or persons, or the stockholders of the corporation, maintaining and operating said gin, are hereby declared to be public utilities, and the operation of same for the purpose of ginning seed cotton is declared to be a public business.
Laws 1915, c. 176, § 1; Laws 1929, c. 240, p. 301, § 1.
§1742. License from Corporation Commission Necessity Showing Fee.
No person or persons, or corporation, in this state shall be permitted to maintain and operate a gin for the purpose of ginning seed cotton of the general public, or of ginning seed cotton not produced and owned by the person or persons, or the stockholders of the corporation maintaining and operating said gin, without first having secured a license for such purpose from the State Corporation Commission, said license to be issued upon proper showing to be made as prescribed by the rules and regulations promulgated by the Commission. The fee for said license issued by the Corporation Commission is hereby fixed at three cents ($0.03) per bale, based on the number of bales ginned the previous year as shown by the final report of said gin, on file, with the Corporation Commission. In case of a new plant or gin that did not operate the preceding year, a license fee of Five Dollars ($5.00) per gin stand will be charged; which sum shall be converted into the State Treasury of the State of Oklahoma.
Laws 1915, c. 176, § 2; Laws 1923, c. 191, p. 340, § 1; Laws 1929, c. 240, p. 301, § 2.
§1743. Matters considered in issuing license Existing gins Showing to obtain license Cooperative gins Inspectors.
The Corporation Commission in issuing such license shall have the right to take into consideration the necessity for the operation of a gin for such purpose at the place of its location; provided nothing herein shall operate to prevent the licensing of gins now established, except for violation of the provisions of this act or of the rules, regulations, and requirements of the Corporation Commission made and promulgated pursuant to this act. No new gin plants shall be constructed, installed, or licensed, or any old gin removed from one point to another until satisfactory showing shall have been made to the Corporation Commission setting forth that such gin is a needed utility and that the proposed corporation, company, firm or individual is a competent and desirable corporation, company, firm or individual to establish and operate said gin as may appear in the discretion of said commission; provided, that on the presentation of a petition for the establishment of a gin to be run cooperatively, signed by one hundred (100) citizens and tax payers of the community where the gin is to be located, the Corporation Commission shall issue a license for said gin. The commission shall have the right to take into consideration the responsibility and reliability and qualifications as well as the capacity of the person or persons or corporation to do such ginning business so far as to afford all reasonable facilities, conveniences and services to the public and shall have the power and authority to require such facilities, conveniences and services to be afforded the public. The inspectors provided herein shall be men who have served at least three (3) years in practical and actual gin operation and shall be appointed by the Corporation Commission; that said inspectors shall have the power to make recommendations to the commission as to the opening or closing of any gin or gins as well as to the affording by such gins of the reasonable facilities, conveniences and services to the public hereinbefore authorized to be required, as well as to make such other reports and recommendations to the Corporation Commission as may to said inspectors appear necessary, reasonable and just.
Laws 1915, c. 176, § 3; Laws 1923, c. 191, p. 341, § 2; Laws 1925, c. 109, p. 157, § 1.
§1744. Powers and authority of Corporation Commission Rates Department of Cotton Gin Utilities Fiscal year and reports of cotton gins.
The Corporation Commission shall have the same power and authority and be charged with the duty of regulating and controlling such cotton gins in all matters relating to the performance of public duties and the charges therefor and correcting abuses and preventing unjust discrimination and extortion, as is exercised by said Commission as to transportation and transmission companies and shall have the same power to fix rates, rules, charges and regulations to be observed by such person or persons or corporation operating gins and the affording of all reasonable conveniences, facilities and services as it may impose as to transportation or transmission companies. For the purpose of carrying into effect the provisions of this act, there is hereby created a Department of Cotton Gin Utilities under the Corporation Commission. The Commission shall appoint inspectors of cotton gins, whose functions, duties and term of office shall be regulated by the Commission. It shall be the duty of each and every corporation, company, firm or individual owning or operating a cotton gin to file a final report for the preceding year not later than ninety (90) days following the expiration of the fiscal year of the cotton gin utility. Failure to file said report shall constitute a forfeiture of license and is hereby declared to be a misdemeanor and may be prosecuted as such, said report to be in accordance with rules and regulations promulgated by the Commission from time to time.
Laws 1915, c. 176, § 4; Laws 1923, c. 191, p. 341, § 3; Laws 1991, c. 118, § 1, emerg. eff. April 29, 1991.
§1745. Appeals to Supreme Court.
Section 45. The orders made by said Commission fixing rates, charges, rules andregulations as to any person, persons, or corporation operating any gin or gins may be reviewed on appeal by the Supreme Court in the same manner, form, jurisdiction and procedure as apply to such orders made relative to transportation and transmission companies.
Laws 1915, c. 176, § 5.
§1746. Regulations Enforcement of orders.
Section 46. In all matters pertaining to the regulation and control of gins andginning and the business of such, the Commission shall have the same power and authority as is now exercised by it under the law as to any matter pertaining to the public visitation, regulation or control of transportation and transmission companies, and may enforce its orders against any person, firm, company, or corporation maintaining or operating a gin or gins, by imposing a fine against them, or either of them, not exceeding One Hundred Dollars ($100.00) for the violation of any of its orders.
Laws 1915, c. 176, § 6.
§1747. Partial invalidity.
If it shall be held that any section or part of a section contained in this act is void by reason of it being repugnant to the Constitution, the failure of such portion shall not be held to defeat the remaining portions of this act.
Laws 1915, c. 176, § 7.
§17-48. Transportation, presents, or gratuities to Corporation Commissioners or employees prohibited - Exceptions - Penalty.
A. No person who is subject to the regulations of the Corporation Commission, or has interests in any firm, corporation or business which is subject to regulation by the Corporation Commission shall furnish transportation, presents, or gratuities other than as provided by the Rules of the Ethics Commission to any member of the Corporation Commission or any employee thereof; provided, however, during a period beginning one hundred twenty (120) days prior to a primary election, through one hundred twenty (120) days following the general election, any person may make contributions not otherwise prohibited by the Rules of the Ethics Commission to the cost of any current candidate's political campaign. It shall be unlawful for any such member or employee to knowingly accept any such transportation, presents or gratuities from any such person, firm or association.
B. A violation of the provisions of this section shall, upon conviction, be punishable as a misdemeanor.
Added by Laws 1995, c. 343, § 42, eff. July 1, 1995.
§1751. Oil and gas department established.
The Corporation Commission is hereby empowered and authorized to create and establish an Oil and Gas Department under the jurisdiction and supervision of the Corporation Commission, and is hereby authorized to appoint with the approval and consent of the Governor, a Chief Oil and Gas Conservation Agent who shall have charge of the Oil and Gas Department herein authorized.
Laws 1917, c. 207, p. 385, § 1.
§17-52. Corporation Commission - Jurisdiction, power and authority - Environmental jurisdiction of Department of Environmental Quality.
A. 1. Except as otherwise provided by this section, the Corporation Commission is hereby vested with exclusive jurisdiction, power and authority with reference to:
a. the conservation of oil and gas,
b. field operations for geologic and geophysical exploration for oil, gas and brine, including seismic survey wells, stratigraphic test wells and core test wells,
c. the exploration, drilling, development, producing or processing for oil and gas on the lease site,
d. the exploration, drilling, development, production and operation of wells used in connection with the recovery, injection or disposal of mineral brines,
e. reclaiming facilities only for the processing of salt water, crude oil, natural gas condensate and tank bottoms or basic sediment from crude oil tanks, pipelines, pits and equipment associated with the exploration, drilling, development, producing or transportation of oil or gas,
f. injection wells known as Class II wells under the federal Underground Injection Control Program, and any aspect of any CO2 sequestration facility, including any associated CO2 injection well, over which the Commission is given jurisdiction pursuant to the Oklahoma Carbon Capture and Geologic Sequestration Act. Any substance that the United States Environmental Protection Agency allows to be injected into a Class II well may continue to be so injected,
g. tank farms for storage of crude oil and petroleum products which are located outside the boundaries of refineries, petrochemical manufacturing plants, natural gas liquid extraction plants, or other facilities which are subject to the jurisdiction of the Department of Environmental Quality with regard to point source discharges,
h. the construction and operation of pipelines and associated rights-of-way, equipment, facilities or buildings used in the transportation of oil, gas, petroleum, petroleum products, anhydrous ammonia or mineral brine, or in the treatment of oil, gas or mineral brine during the course of transportation but not including line pipes in any:
(1) natural gas liquids extraction plant,
(2) refinery,
(3) reclaiming facility other than for those specified within subparagraph e of this subsection,
(4) mineral brine processing plant, and
(5) petrochemical manufacturing plant,
i. the handling, transportation, storage and disposition of saltwater, mineral brines, waste oil and other deleterious substances produced from or obtained or used in connection with the drilling, development, producing and operating of oil and gas wells, at:
(1) any facility or activity specifically listed in paragraphs 1 and 2 of this subsection as being subject to the jurisdiction of the Commission, and
(2) other oil and gas extraction facilities and activities,
j. spills of deleterious substances associated with facilities and activities specified in paragraph 1 of this subsection or associated with other oil and gas extraction facilities and activities, and
k. subsurface storage of oil, natural gas and liquefied petroleum gas in geologic strata.
2. The exclusive jurisdiction, power and authority of the Corporation Commission shall also extend to the construction, operation, maintenance, site remediation, closure and abandonment of the facilities and activities described in paragraph 1 of this subsection.
3. When a deleterious substance from a Commission-regulated facility or activity enters a point source discharge of pollutants or storm water from a facility or activity regulated by the Department of Environmental Quality, the Department shall have sole jurisdiction over the point source discharge of the commingled pollutants and storm water from the two facilities or activities insofar as Department-regulated facilities and activities are concerned.
4. For purposes of the Federal Clean Water Act, any facility or activity which is subject to the jurisdiction of the Corporation Commission pursuant to paragraph 1 of this subsection and any other oil and gas extraction facility or activity which requires a permit for the discharge of a pollutant or storm water to waters of the United States shall be subject to the direct jurisdiction of the United States Environmental Protection Agency and shall not be required to be permitted by the Department of Environmental Quality or the Corporation Commission for such discharge.
5. The Corporation Commission shall have jurisdiction over:
a. underground storage tanks that contain antifreeze, motor oil, motor fuel, gasoline, kerosene, diesel, or aviation fuel and that are not located at refineries or at upstream or intermediate shipment points of pipeline operations, including, but not limited to, tanks from which these materials are dispensed into vehicles, or tanks used in wholesale or bulk distribution activities, as well as leaks from pumps, hoses, dispensers, and other ancillary equipment associated with the tanks, whether above the ground or below; provided that any point source discharge of a pollutant to waters of the United States during site remediation or the off-site disposal of contaminated soil, media, or debris shall be regulated by the Department of Environmental Quality,
b. aboveground storage tanks that contain antifreeze, motor oil, motor fuel, gasoline, kerosene, diesel, or aviation fuel and that are not located at refineries or at upstream or intermediate shipment points of pipeline operations, including, but not limited to, tanks from which these materials are dispensed into vehicles, or tanks used in wholesale or bulk distribution activities, as well as leaks from pumps, hoses, dispensers, and other ancillary equipment associated with the tanks, whether above the ground or below; provided that any point source discharge of a pollutant to waters of the United States during site remediation or the off-site disposal of contaminated soil, media, or debris shall be regulated by the Department of Environmental Quality, and
c. the Petroleum Storage Tank Release Environmental Cleanup Indemnity Fund and Program and the Leaking Underground Storage Tank Trust Fund.
6. The Department of Environmental Quality shall have sole jurisdiction to regulate the transportation, discharge or release of deleterious substances or hazardous or solid waste or other pollutants from rolling stock and rail facilities. The Department of Environmental Quality shall not have any jurisdiction with respect to pipeline transportation of carbon dioxide.
7. The Department of Environmental Quality shall have sole environmental jurisdiction for point and nonpoint source discharges of pollutants and storm water to waters of the state from:
a. refineries, petrochemical manufacturing plants and natural gas liquid extraction plants,
b. manufacturing of oil and gas related equipment and products,
c. bulk terminals, aboveground and underground storage tanks not subject to the jurisdiction of the Commission pursuant to this subsection, and
d. other facilities, activities and sources not subject to the jurisdiction of the Corporation Commission or Department of Agriculture as specified by this section.
8. The Department of Environmental Quality shall have sole environmental jurisdiction to regulate air emissions from all facilities and sources subject to operating permit requirements under Title V of the Federal Clean Air Act as amended.
B. The Corporation Commission and incorporated cities and towns shall have exclusive jurisdiction over permit fees for the drilling and operation of oil and gas wells.
C. The Corporation Commission shall comply with and enforce the Oklahoma Water Quality Standards.
Added by Laws 1917, c. 207, p. 385, § 2. Amended by Laws 1986, c. 250, § 13, emerg. eff. June 13, 1986; Laws 1993, c. 145, § 252, eff. July 1, 1993; Laws 1993, c. 324, § 48, eff. July 1, 1993; Laws 2000, c. 364, § 5, emerg. eff. June 6, 2000; Laws 2009, c. 429, § 7, emerg. eff. June 1, 2009.
§17-53. Promulgation of rules - Plugging wells.
The Corporation Commission is hereby authorized to promulgate rules for the plugging of all abandoned oil and gas wells. Abandoned wells shall be plugged under the direction and supervision of Commission employees as may be prescribed by the Commission. Provided, however, the Commission shall not order any oil or gas well to be plugged or closed if the well is located on an otherwise producing oil or gas lease as defined by the Commission, unless such well poses an imminent threat to the public health and safety which shall be determined by the Commission after conducting a public hearing on the matter.
Added by Laws 1917, c. 207, p. 385, § 3. Amended by Laws 1998, c. 340, § 1, emerg. eff. June 3, 1998; Laws 2000, c. 315, § 1, eff. July 1, 2000.
§1753.1. Removal of surface trash and debris Rules and regulations.
A. The Corporation Commission shall prescribe and promulgate rules and regulations to require all operators of oil and gas wells or leases upon which oil and gas wells are located to remove all surface trash and debris, occasioned by their operations, from the vicinity of their operations and to keep such premises free and clear of such trash and debris.
B. For the purposes of this act, "surface trash and debris" means all discarded material directly connected with the drilling or producing of or exploration for hydrocarbons including, but not limited to, garbage, rubbish, junk or scrap.
Amended by Laws 1982, c. 205, § 1, emerg. eff. April 27, 1982.
§1753.2. Removal of operating equipment, production and storage structures, supplies and equipment, surface debris, abutment or obstacle Filling of certain pits Grading or terracing certain disturbed land Release Extension of time.
A. The Corporation Commission shall prescribe and promulgate rules and regulations which require the lease operator to remove all unnecessary operating equipment, structures, surface debris, abutment or obstacles used in the operation of the well from the land upon which the well is located, and shall grade or terrace the surface of the soil as required in this section unless the owner of the land and the lease operator have entered into a contract providing otherwise. Provided, however, the provisions of this section shall not apply to Osage County.
B. Within twelve (12) months after the completion of a producing well, the operator shall fill all the pits for containing muds, cuttings, salt water or oil that are not needed for production purposes or are not required by state or federal law or regulation and shall remove all concrete bases, drilling supplies and drilling equipment and all other equipment not necessary for producing said well, excluding guy line anchors. Within such period, the operator shall grade or terrace the land surface within the area disturbed in siting, drilling, completing and producing the well which land is not required in production of the well.
C. Within twelve (12) months after a well that has produced oil or gas is plugged or after the plugging of a dry hole, the operator shall remove all production and storage structures, supplies and equipment and any oil, sal