PUBLIC SERVICE COMPANY OF OKLAHOMA, Oklahoma Industrial Energy Consumers, and W.A. Drew Edmondson, Attorney General of Oklahoma, Appellants,
v.
STATE of Oklahoma ex rel. OKLAHOMA CORPORATION COMMISSION and Lawton Cogeneration, L.L.C., Appellees.
Supreme Court of Oklahoma.https://leagle.com/images/logo.png
June 21, 2005.
As Corrected July 13, 2005.
Attorney(s) appearing for the Case
Jack P. Fite and Jay M. Galt, White, Coffey, Galt & Fite, P.C., Oklahoma City, OK, and Marc E. Lewis, American Electric Power, Ft. Wayne, Indiana, for Appellant, Public Service Company of Oklahoma.
Graydon Dean Luthey, Jr., Thomas P. Schroedter, James D. Satrom, and Sharon T. Thomas, Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Oklahoma City, OK and Tulsa, OK, for Appellant, Oklahoma Industrial Energy Consumers.
W.A. Drew Edmondson, Attorney General, State of Oklahoma and William L. Humes, Assistant Attorney General, State of Oklahoma, Oklahoma City, OK, for Appellant, Office of the Attorney General.
Ben Jackson and Michele O'Neill Craig, Oklahoma Corporation Commission, Oklahoma City, OK, for Appellee, Oklahoma Corporation Commission.
Kenneth N. McKinney, McKinney & Stringer, P.C., Oklahoma City, OK, Connie M. Bryan, Mitzner Rubenstein Bryan McCormick & Pitts, P.L.L.C., Edmund, OK, Deborah R. (Morgan) Thompson, Lawton Cogeneration, L.L.C., Oklahoma City, OK, and Cheryl A. Vaught, Vaught & Conner, P.L.L.C., Oklahoma City, OK, for Appellee, Lawton Cogeneration, L.L.C.
Ronald D. Cates, City Attorney, City of Owasso, OK, Martha Rupp Carter, City Attorney, and Robert R. Edmiston, Assistant City Attorney, City of Tulsa, OK, and Michael R. Vanderburg, City Attorney, City of Broken Arrow, OK, for amici curiae, Cities of Owasso, Tulsa, and Broken Arrow.
Mark D. Christiansen, Crowe & Dunlevy, Oklahoma City, OK, for amicus curiae, Lawton Ft. Sill Chamber of Commerce and Industry.1
Supreme Court of Oklahoma.
OPALA, J.
¶ 1 Two dispositive questions are presented for review: (1) Is the Corporation Commission's order sustained by substantial evidence and (2) Does it conform to the requirements of federal and state law? These questions must be answered for each of the following Commission decisions: (a) determining that applicant incurred a legally enforceable obligation to deliver power to respondent, thereby obligating the...
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