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Legal Memorandum: Retirement of Long-term Assets in OK

Issue: What Oklahoma statutes or regulations impose legal obligations on a utility upon the retirement of long-term assets?

Area of Law: Administrative Law, Administrative Law & Regulation (Federal and State), Environmental Law
Keywords: Retirement or abandonment of long-term assets; Public utilities; Power plants, transmission lines, or gas pipelines
Jurisdiction: Oklahoma
Cited Cases: None
Cited Statutes: Okla. Admin. Code §§ 165:35-1-5, :45-3-5, § 165:20-5-21
Date: 11/01/2004

Utilities are regulated by the Oklahoma Corporation Commission.  Neither a gas utility nor an electric utility may discontinue or abandon any segment of its jurisdictional distribution system except upon order of the Commission upon application, notice and hearing.  However, this provision does not apply to routine retirement or replacement of plant or equipment.  See Okla. Admin. Code §§ 165:35-1-5, :45-3-5 (2004).

With respect to gas pipelines, the Commission has adopted 49 C.F.R. Part 192 as the minimum safety requirements for intrastate pipeline transmission of gas subject to the Commission’s jurisdiction.  Id. § 165:20-5-21.  No other specific provisions relating to the retirement of power plants, transmission lines or gas pipelines were found.

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