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OEC v. OG&E

No. 90,985.

982 P.2d 512 (1999)

1999 OK 35

OKLAHOMA ELECTRIC COOPERATIVE, INC., Appellant, v. OKLAHOMA GAS AND ELECTRIC COMPANY, Appellee.

Supreme Court of Oklahoma.

As Corrected May 5, 1999.

Attorney(s) appearing for the Case

Philip D. Hart, McAfee & Taft, P.C., Oklahoma City, Oklahoma, H.L. Heiple, Heiple Law Offices, Inc., Norman, Oklahoma, for Appellant.

Hugh D. Rice, Rainey, Ross, Rice & Binns, Oklahoma City, Oklahoma, Diane Goldschmidt, Oklahoma Gas and Electric Company, Oklahoma City, Oklahoma, for Appellee.

HODGES, J.

I. ISSUE

¶ 1 The issue in this case is whether a public electric utility company which is using city streets to sell and distribute utility services to city residents must obtain a voter-approved franchise.1 Because voter approval is required by article 18, section 5(a) of the Oklahoma Constitution and this requirement cannot be overridden by the Legislature, we answer...

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