State ex rel. Ratepayers of Public Service Co. v. Public Service Co. of Oklahoma

1980 OK 110, 614 P.2d 1100, 1980 Okla. LEXIS 277
CourtSupreme Court of Oklahoma
DecidedJuly 15, 1980
DocketNo. 52678
StatusPublished
Cited by1 cases

This text of 1980 OK 110 (State ex rel. Ratepayers of Public Service Co. v. Public Service Co. of Oklahoma) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Ratepayers of Public Service Co. v. Public Service Co. of Oklahoma, 1980 OK 110, 614 P.2d 1100, 1980 Okla. LEXIS 277 (Okla. 1980).

Opinion

DOOLIN, Justice:

The Public Service Company of Oklahoma (PSO), a Tulsa based electric generating utility, was granted approval of its existing fuel adjustment clause by the Oklahoma Corporation Commission (COMMISSION). The Attorney General appeals to this Court on two grounds:

(1) Should PSO be permitted to recover exploration and drilling costs in the fuel adjustment clause.
(2) Must the Commission make a specific finding that transportation charges of natural gas from wellhead to generating plant are “fair, just and reasonable,” or can that be inferred from Commission approval of the transportation charges in general?

PSO has two contracts with Transok Pipeline Co., a wholly owned subsidiary of PSO. One contract calls for Transok to act as PSO’s agent in arranging exploration and drilling agreements with independent companies to find and develop additional supplies of natural gas for PSO’s gas-fired electric generating plants. The other contract deals with transporting gas to the PSO generating plants. (PSO purchases some gas from independent producers and explores and drills its own wells through Transok).

A fuel adjustment clause allows a utility to adjust its charges as the basic cost of fuel increases (or decreases).1 For the purpose of determining fuel or gas costs the legislature has set out a formula:

1. If purchased from a non-affiliated firm, it’s the actual cost of fuel or gas purchased:
2. If purchased from an affiliated firm:
(a) Fuel (other than gas): actual cost of production;
(b) Gas: fair field price.2

Statutes provide a working definition of “fair field price” as “the going price paid by the utility, subsidiary or affiliate to others in the field where such production is located.” 3

Statutes also provide for the inclusion of costs of delivery into the utility system by an “affiliate” firm only if the Commission finds that such costs are “fair, just and reasonable,” and beyond the point of delivery into the utility’s system only if failure to allow such costs “will substantially threaten the ability of the utility to earn a reasonable rate of return.”4

The Attorney General argues the Commission exceeded its authority under 17 O.S.Supp.1977 § 251 by permitting PSO to compute its cost of fuel by using the Federal Energy Regulatory Commission’s Uniform System of Accounts, in that this Uniform System contains items which are subject to only some fluctuation in cost (2-3 times a year). He contends the Legislature did not intend to allow any costs for fuel adjustment purposes which were not of an unstable and erratic nature, such as the actual cost of gas at the wellhead. These items include traveling expenses of personnel, other supplies- and freight. However, we find that adoption of such Uniform Sys[1102]*1102tem is within the Commission’s realm of authority and does not conflict with 17 O.S. Supp.1977 § 251. We note 17 O.S.Supp.1979 § 270 authorizes the Commission “. to process applications for determinations as provided for in the rules and regulations issued by the Federal Energy Regulatory Commission.”

Exploration Charges

To determine if the utility should be allowed to recover expenses for exploration and drilling we seek enlightenment from the statute itself. The Attorney General would have us look at the Legislative committee report on S.B. 273, which became 17 O.S.Supp.1977 §§ 250-255, to discover Legislative intent regarding “cost.” However, aside from the fact that these reports were not adopted into the Act which finally passed, they are at best inconclusive, when speaking of “actual costs of fuel at the source of supply (i. e. the wellhead cost of gas . . .).” The Attorney General concludes that the Legislature intended to allow only the cost of the fuel or gas, and that cost should not include the cost of an exploration and drilling program. We disagree.

PSO argues that exploration and drilling expenses would be a legitimate part of any gas purchased from a non-affiliated, or independent, producer, as would the cost of transportation of the gas to its generating stations, and therefore PSO should not be penalized for its initiative in finding its own gas and thus assure its customers of an adequate supply of fuel, and hence electricity.

In setting down the three essential guidelines for determining the price paid for fuel, it seems apparent that the Legislature was attempting to equate the costs, no matter whether dealing with an affiliate or a non-affiliate, fuel or gas. Thus it could be argued that “fair field price” is similar in meaning to both “actual cost” and “cost of production.” The Legislature surely did not contemplate giving one utility or one fuel a cost advantage over the other.

In this light many states have permitted utilities to recover exploration and drilling costs as operating expenses as a cost of production. In a situation similar to this case the Wyoming Public Service Commission approved advanced payments of $370,-000.00 from a utility company to two gas exploration companies to participate in exploration and drilling programs. The Commission said such expenses are necessary and proper, and authorized the utility to include those expenses in its current rate base.5 The Pennsylvania Public Utility Commission approved in principle a utility expenditure of $1.25 million in a joint exploratory venture to find new sources of gas.6

Annual depreciation on production property, depletion of wasting assets, and amortization of the cost of developing leases, drilling dryholes, abandoned leases, producing holes and geological and scouting activities are costs and expenses properly chargeable to operating expenses, and should be spread over the life of the gas reserves because such costs are incident to the discovery and development thereof.7

We hold the Commission did not err in authorizing PSO to recover its exploration and drilling costs as part of the “fair field price” of its gas.

Transportation Costs

Statutes authorize that charges for transportation of fuel (to the point of delivery into the utility system), provided by an affiliate firm, may be added into the fuel adjustment clause if the Commission finds the charges are “fair, just and reasonable.” The Commission may also authorize transportation charges beyond the point of deliv[1103]*1103ery into the utility system if it finds, from reliable evidence, that failure to do so will substantially threaten the ability of the utility to earn a reasonable rate of return.8 The Commission’s order in this case did find that failure to approve transportation charges would “substantially threaten the ability . . . ,” but did not make a specific finding of “fair, just and reasonable.” It also found that the contracts between PSO and Transok were “beneficial to the ratepayers and are approved."9

PSO contends the Commission would not have “approved” the transportation charges with a comment of “beneficial” if it had not found the charges “fair, just and reasonable.” It urges this Court to adopt the rule in Hitt v. Hitt:

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Related

B & W Operating, L.L.C. v. Corporation Commission
2015 OK CIV APP 88 (Court of Civil Appeals of Oklahoma, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
1980 OK 110, 614 P.2d 1100, 1980 Okla. LEXIS 277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ratepayers-of-public-service-co-v-public-service-co-of-okla-1980.