Oklahoma Code § 17-158.53

Title 17. Corporation Commission: Approval of acquisition of control - Public hearing
Open in Lexace · Ask the AI about this section
A.  The Corporation Commission shall approve any acquisition of
control referred to in Section 2 of this act unless, after a public
hearing thereon, it finds that one or more of the following
conditions will exist if such acquisition of contol is consummated,

in which event it shall disapprove such acquisition of control and
the same shall not be consummated:
1.  The acquisition of control would adversely affect the
contractual obligations of the rural electric cooperative or its
ability or commitment to render the same level of service to its
customers that the rural electric cooperative is currently
rendering;
2.  The effect of the acquisition of control would be
substantially to lessen competition in the furnishing of public
utility service in this state;
3.  The financial condition of any acquiring party is such as
might jeopardize the financial stability of the rural electric
cooperative or otherwise prejudice the interest of the rural
electric cooperative's customers;
4.  The plans or proposals which an acquiring party has to
liquidate the rural electric cooperative, sell its assets, or a
substantial part thereof, or consolidate or merge it with any
person, or to make any other material change in its investment
policy, business or corporate structure or management, would be
detrimental to the customers of the rural electric cooperative and
not in the public interest; or
5.  The competence, experience and integrity of the persons who
would control the operation of the rural electric cooperative are
such that it would not be in the interest of its customers and the
public to permit the acquisition of control.
B.  The public hearing referred to in subsection A of this
section shall be commenced within thirty (30) days after the
statement required by Section 2 of this act is filed.  The place,
date and time for such public hearing shall be set by the Commission
and notice thereof shall be given by the Commission to the person
filing the statement and to the rural electric cooperative at least
twenty (20) days prior to the date of the public hearing.  Notice of
the public hearing shall be given by the person filing the statement
to such other persons and in such manner as may be directed by the
Commission at least fifteen (15) days prior to such public hearing.
The rural electric cooperative shall give notice to its customers as
provided in Section 5 of this act.  The public hearing referred to
in subsection A of this section shall be concluded within thirty
(30) days after the commencement of such hearing.  The Commission
shall make a determination on the factors specified in subsection A
of this section within thirty (30) days after the conclusion of such
hearing, and any acquisition of control within the purview of this
section shall be deemed approved unless the Commission has, within
thirty (30) days after the conclusion of such hearing, entered its
order disapproving the acquisition of control.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.