# Northeast Oklahoma Electric Cooperative, Inc. v. State ex rel. Corporation Commission

> Supreme Court of Oklahoma · March 19, 1991 · 62 O.B.A.J. 938

URL: https://www.frixlaw.com/law-library/cases/5163682

## Case

- **Full name:** NORTHEAST OKLAHOMA ELECTRIC COOPERATIVE, INC., an Oklahoma corporation v. STATE of Oklahoma ex rel. CORPORATION COMMISSION, and ex rel. Robert H. Henry, Attorney General of the State of Oklahoma Public Service Company of Oklahoma
- **Court:** Supreme Court of Oklahoma
- **Decided:** March 19, 1991
- **Citations:** 62 O.B.A.J. 938; 808 P.2d 680; 1991 OK 28; 1991 Okla. LEXIS 29
- **Precedential status:** Published
- **Opinion:** Concurrence by Wilson
- **Judges:** Hargrave, Hodges, Kauger, Lavender, Opala, Simms, Summers, Wilson
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5163682

## Opinion text

ALMA WILSON, Justice,
concurring specially:
I concur specially to express my view that dismissal of this appeal under the doctrine of mootness does not render the primary issue herein finally adjudicated as between the parties herein.
The method of calculating the kilowatt level of consumption of electricity by Eastern State Hospital was the primary issue determined in both proceedings before the Oklahoma Corporation Commission, initiated by Public Service Company of Oklahoma (PSO) and contested by Northeast Electric Cooperative,, Inc. (Northeast). In these proceedings, PSO presented contradictory positions and the Commission entered contradictory findings on this common issue. I do not point out the contradiction in disapproval of the Commission. The Commission has continuing jurisdiction to alter and amend its findings and orders as may be just and reasonable. Okla. const., art. 9, § 18.
In the briefs submitted, this Court is advised of negotiations for a contract between Northeast and the Grand River Dam Authority for construction (see note 9 of the Opinion) and potential future electric service. The method of calculating the kilowatt level of consumption by the hospital may be contested by these same two suppliers in future Commission proceedings. Although the Commission has no power to dictate contractual provisions between companies or entities, it is empowered to determine the effect of those contracts on the public and approve, modify or reject the same. Lone Star Gas Co. v. Corporation Commission, 170 Okl. 292 , 89 P.2d 547 (1934). Thus, neither Order No. 329199 nor Order No. 343031, determining the method of calculating electricity consumption of the hospital, bars resubmission of the issue to the Commission in the future.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5163682. Public record. Not legal advice.