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MATTER OF APPLICATION OF OK GAS & ELEC. CO.

No. 115,029 (with No. 115,030).

417 P.3d 1196 (2018)

2018 OK 31

In the MATTER OF the APPLICATION OF OKLAHOMA GAS AND ELECTRIC COMPANY for commission approval of the company's plan to install dry scrubbers at the sooner generating facility: Sierra Club Inc. and Oklahoma Energy Results LLC., Appellants, v. The Corporation Commission of the State of Oklahoma and Oklahoma Gas & Electric Company, Appellees.

Supreme Court of Oklahoma.

Decided: April 24, 2018.

Attorney(s) appearing for the Case

Sanjay Narayan , Kristin Henry , Oakland, California, Jon Laasch , Edmond, Oklahoma, Cheryl A. Vaught , Scot A. Conner , David A. Elder , Matthew W. Brockman , Jacquelyn L. Dill , Oklahoma City, Oklahoma, For Appellants.

Robert G. McCampbell , Travis V. Jett , Kimber L. Shoop , Robert J. Campbell, Jr. , Oklahoma City, Oklahoma, for Appellees.

¶ 1 This case involves an order of the Oklahoma Corporation Commission that granted Oklahoma Gas & Electric Company pre-approval to install pollution-control devices at one of its power plants. The order raises two issues: 1) whether res judicata precluded the Commission from pre-approving OG&E's capital expenditure; and...

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