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Oklahoma lawmakers argue against potential dismissal of their appeal of OG&E rate increase

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Oklahoma lawmakers argue against potential dismissal of their appeal of OG&E rate increase

By Emma Murphy
Oklahoma lawmakers argue against potential dismissal of their appeal of OG&E rate increase
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Rep. Rick West, R-Heavener, front, and Tom Gann, R-Inola, sit at their desks in the House chamber while fellow lawmakers speak during the body's organizational day on Jan. 7. The lawmakers are attempting to appeal an OG&E rate increase. (Photo by Emma Murphy/Oklahoma Voice)

OKLAHOMA CITY — Three Republican lawmakers are trying to stop the state’s highest court from dismissing their appeal of an $127 million OG&E rate increase approved by the Oklahoma Corporation Commission. 

The Oklahoma Supreme Court gave Reps. Tom Gann, R-Inola, Kevin West, R-Moore, and Rick West, R-Heavener, until Friday to demonstrate that they had standing to challenge the rate increase. If they can’t, the state’s highest court said the case would be dismissed. 

The Corporation Commission, along with OG&E, had argued that the appeal was premature because it’s based on an interim order. 

The lawmakers argued in a filing Friday that the Oklahoma Constitution does not specify that an appeal on an action or decision in a case like this must be a final order. 

“Although Interim …. (the order) approves and adopts a Joint Stipulation and Settlement Agreement … that modifies rates for monopoly public utility OG&E, resulting in a $127 million rate increase for OG&E’s captive customers, including Appellants,” the trio wrote in their most recent filing. 

The rate increase equates to about $10 per month for the average residential consumer. 

The lawmakers argued that they believe the interim order is void because of Commissioner Todd Hiett cast the deciding vote despite accusations of ethics violations. 

The Oklahoman reported that Hiett was observed groping a man and being intoxicated at an out-of-state regulatory conference and that he has also been accused of driving drunk after a 2023 event in Oklahoma City. 

Hiett told the newspaper he drank too much in June but does not remember the incident and that he is getting treatment. 

The lawmakers said they still believe the order is appealable. 

“If the Court eventually decides this appeal was premature, Appellants respectfully request that the court specify when and on what terms an appeal would be proper,” the lawmakers wrote. 

Representatives for OG&E filed in response to the lawmakers Monday, pointing out that despite a lack of language in the Oklahoma Constitution or Supreme Court rules requiring an order be final to be appealable, the high court has declined to consider cases with similar issues. The utility company argued that the lawmakers failed to show cause for why the appeal of the Corporation Commission’s interim order should not be dismissed. 

The Oklahoma Corporation Commission had not yet filed a response to the suit as of Wednesday morning.