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Landmark Opinion from the Attorney General

07.26.18

 

 

In a landmark opinion from the office of the Oklahoma Attorney General, Mr. Mike Hunter, third-party ownership of distributed energy generation was addressed. The official definition of a utility was also written about and clarified. The opinion was requested by Oklahoma Secretary of Energy & Environment Michael Teague, who has previously advocated for more renewable and sustainable energy.  It was initially requested from A.G. Hunter last summer, who has taken all year to respond. The highly anticipated reply now signals a new shift in policy interpretation by the State of Oklahoma, and opens the door for new business opportunities related to these technologies. 

Solar, wind as well as small geothermal wells were all listed under the definition of distributed energy, and this clearly applies to both residential and commercial applications.

The next steps are unknown. Will the Corporation Commission get the final word in this case? Will the referenced statutes be rewritten? Because the Attorney General’s term is up (he was appointed by Governor Fallin to fill Scott Pruitt’s Vacancy), he will be replaced or re-elected at the end of this year. Will this opinion be supported by the next AG? 

READ THE FULL OPINION ON THE AG’S WEBSITE:  http://www.oag.ok.gov/Websites/oag/images/Documents/Opinions/AG/2018/AG%20Opinion%202018-5%20(T-25).pdf

Have any further information on this topic? Please email to OREC2006@gmail.com 

 

[edited 7/30/18 to correct an error]

 

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