Three Republican lawmakers filed an appeal with the Oklahoma Supreme Court Dec. 19 in an effort to overturn an $127 million OG&E rate increase approved by the Corporation Commission.
The lawmakers also hope to disqualify Todd Hiett as a voting member of the Corporation Commission. Their appeal argues Hiett is not an impartial voter in certain cases before the commission because of alleged criminal conduct.
The trio -- Reps. Tom Gann, R-Inola, Kevin West, R-Moore, and Rick West, R-Heavener -- labelled themselves in their appeal as "captive customers" of Oklahoma Gas and Electric, or OG&E, and said they are directly affected by the rate increase, which is about $10 per month for the average residential consumer.
The same three lawmakers previously sued Hiett, but the high court unanimously decided Dec. 10 that Hiett can continue to vote on Corporation Commission cases.
In a concurring opinion from this lawsuit, Justice Douglas Combs wrote that the men and other ratepayers are not considered "aggrieved" until a final order is issued from the Corporation Commission. Then, he said, an appeal may be brought directly to the Oklahoma Supreme Court.
A final order has not been issued, according to a spokesperson from the Corporation Commission.
"Today, in response to comments from Justice Douglas L. Combs made on Dec. 9, we have filed an appeal at the Oklahoma Supreme Court seeking to overturn the Oklahoma Corporation Commission's recent order granting Oklahoma Gas and Electric a $127 million rate increase," the lawmakers wrote in a joint statement. "Hiett cast the deciding vote in that case, even though we believe state ethics rules say he should not have participated."
Their December appeal says that they have identified at least 15 utility rate cases "involving attorneys with direct knowledge of alleged criminal conduct" by Hiett.
The Oklahoman reported that in June, Hiett was observed groping a man and being intoxicated at an out-of-state regulatory conference and that he has also been accused of drunken driving 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.
In response to the December appeal, an attorney appointed by the Corporation Commission wrote that the body does not object to the Supreme Court taking up the appeal and will further address the matter in future filings.
The Corporation Commission is a three person body that regulates various industries in Oklahoma, from the state's public utilities to its towing and oil industries.