Okla. Admin. Code § 165:35-1-5 - Sale or disposal of jurisdictional facilities by utility
(a) Except upon
order of the Commission made upon application, notice and hearing, no utility
shall discontinue or abandon any segment of its jurisdictional distribution
system or sell, transfer, or dispose to another any portion of its
jurisdictional plant or property then constituting an integrated operating
system, or major fractional part thereof, unless the following criteria are
satisfied:
(1) The Commission shall determine
the functional division of utility property. If the function of the property
intended to be sold by a utility will remain a utility function after the sale
as determined by the Commission, the Commission retains jurisdiction;
(2) Unless otherwise ordered by
the Commission, after notice and hearing, no property shall be sold which may
have a detrimental impact on rates or service levels of customers, shippers or
producers;
(3) This Section shall
not apply to discontinuance of service pursuant to OAC 165:35-21, nor to
routine retirement or replacement of plant or equipment; and
(4) Any portion of a utility's plant or
operating system which has previously been included in the rate base of such
utility will remain as part of such utility's jurisdictional plant or operating
system, unless otherwise ordered by the Commission
(b) When filing an application for the sale
or transfer of ownership of a portion of its jurisdictional plant or operating
system, the seller/transferor shall provide to the buyer or transferee all
documents, from the previous two (2) calendar years, required by the Commission
to be maintained, and customer deposit records required to be maintained
pursuant to OAC
165:35-19-1.
(c) The buyer/transferee shall be required to
maintain the records set forth in this Section for a period of two (2) years
from the time of the date of the sale or transfer.
(d) Prior to approval of the sale or
transfer, the seller/transferor shall be required to have all annual reports,
monthly fuel filings and monthly reports current.
(e) The application for sale or transfer
shall indicate whether the utility has any outstanding fines from the
Commission, whether the utility has any outstanding Public Utility fee
assessment, or whether the utility has any outstanding deficiencies which have
been identified by PUD or CSD.
(f)
This Subchapter shall not prohibit sale or exchange of individual items of
equipment not affecting the service or area of service.
Notes
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