Gann Appeals $1.3B OCC Preapproval of New PSO Capacity to Power Inola Smelter, Data Centers
Hundreds Enter Appearances in PSO Rate Case
OKLAHOMA CITY – Less than two weeks after Rep. Tom Gann, R-Inola, said the Oklahoma Corporation Commission (OCC) quietly preapproved some $1.3 billion in new electricity generation and storage capacity for Public Service Company of Oklahoma (PSO), he has appealed the OCC’s order to the Oklahoma Supreme Court. Gann now has ten OCC utility appeals pending before the court, some of those filed with Reps. Kevin West, R-Moore, and Rick West, R-Heavener.
This latest appeal, filed May 22, brings the total amount of PSO, OG&E and ONG customer payments the representatives have challenged to $475 million in rate increases, $3.2 billion in 2021 Winter Storm bonds, $11 billion in fuel charges, and $1.3 billion in new capacity preapprovals.
Although not identified by name in the OCC’s order, Gann said PSO’s capacity expansion is intended to power several new “large-load” industrial customers, including multiple proposed data centers in eastern Oklahoma and the new $4 billion Emirates Global Aluminum smelter proposed for Gann’s hometown of Inola.
On May 29, AARP and the Oklahoma Industrial Energy Consumers joined Gann’s appeal of the OCC’s $1.3 billion capacity preapproval order for PSO, arguing one of the financing methods the OCC approved was based on an unconstitutional law. Approved in May 2025, Senate Bill 998 mandated approval of Construction Work in Progress (CWIP) financing for certain utility projects.
In addition to the new appeal, Gann and more than 300 other PSO customers have filed Entries of Appearance in PSO’s latest rate case at the OCC in which the utility is seeking an additional $600 million rate increase. The Entries are being challenged by PSO. The customers say they are being filed to comply with a recent Oklahoma Supreme Court decision (2026 OK 24) that recognized individual utility customers’ constitutional right to appeal OCC utility orders, but said ratepayers need to intervene and raise their objections at the OCC first. The court’s decision is currently under reconsideration.
A Statement of Position Gann filed in the PSO rate case raises several issues related to the proposed aluminum smelter, including Gann’s opposition to existing customers being forced to subsidize its electricity.
“The Oklahoma Constitution prohibits the OCC from approving rates for PSO’s residential customers that are not ‘reasonable and just,’” Gann writes. “Rates that are not cost-of-service based and result in residential customers subsidizing the cost of extending service to the new load, the cost of infrastructure improvements necessary to serve the new load, or the cost of increased generating or purchased power capacity necessary to meet the demands of that new load, are unlawful and unconstitutional.”
Gann argues the OCC should create a new customer class for the smelter and data centers that takes into account the consumer protections afforded under recently enacted House Bill 2992.
“I voted in favor of the Data Center Customer Ratepayer Protection Act of 2026, and there is no reason why the OCC cannot protect PSO’s existing residential customers from bearing the burden of similar costs and expenses caused by the smelter or other large industrial loads just because they are not data centers,” Gann tells the OCC.
Gann said on Monday, June 1, more than twenty PSO customers, including ten who drove two hours from Inola to the Capitol, gave in-person public comment imploring OCC Commissioners to deny the proposed rate increase and protect residential customers from unnecessarily higher bills. Some spoke specifically against socializing infrastructure costs to benefit private company shareholders, including both PSO and the new large-load customers it is courting.
In both the new Supreme Court appeal and in his filings at the OCC, Gann argues that PSO’s customers have not been adequately notified about these cases. He also argues OCC Commissioner Todd Hiett is required to recused himself from these PSO cases because of his alleged criminal conduct – including sexual assault, drunk driving, and sexual harassment – about which PSO’s attorneys are alleged to have direct knowledge. Gann argues that state ethics rules require public officials to disqualify themselves from matters in which their impartiality might reasonably be questioned.
Charges were never filed, and the Ethics Commission dismissed a complaint against Hiett in May 2025. But the appeal asks the Supreme Court to review the Ethics Commission’s legal determinations. Gann argues that when Hiett told the Ethics Commission that the common law Rule of Necessity allows him to continue to participate in OCC cases even if he is biased, that was itself an admission of bias. Gann said the Rule of Necessity only applies to biased or conflicted judges.
On Tuesday, June 2, Gann filed motions in the PSO rate case citing laws in other states and asking the OCC Commissioners themselves to weigh in on both issues.
“It is time the Corporation Commission explicitly recognizes that Oklahoma’s utility customers are entitled to due process protections too, especially when the process is already explicitly required by Oklahoma law,” Gann wrote in his Motion for Determination of Utility Customers’ Due Process Rights. He filed a separate motion seeking to disqualify Commissioner Hiett.
In his Statement of Position, Gann told the OCC, “In my opinion, pursuing a case already infected with so many fundamental errors of law is a waste of taxpayer dollars. The OCC should dismiss this case and start over – beginning with adequate notice to PSO’s customers.”
The utility case appeals can be followed at the Oklahoma Supreme Court:
PSO rate case ($250m rate increases; $700m bonds; initial decision 4/21/2026; reconsideration pending): https://t.co/BaEY0jJlua
ONG, PSO & OG&E CY2023 fuel cases ($1.5 billion; all briefs filed): https://t.co/3siyQJFSVJ
OG&E rate case ($127m rate increase; $760m bonds; all briefs filed): https://t.co/XiBb1Domx0
ONG rate case ($98m rate increases; $1.3 billion bonds; all briefs filed): https://t.co/JldD4ppVTn
ONG CY2024 fuel case ($390 million + $888m for 2021/2022; first brief filed): https://t.co/ndrAN5iNqJ
OG&E CY2024 fuel case ($925 million + $1.9 billion for 2021/2022; first brief filed): https://t.co/YrRLmTwGOb
PSO CY2024 fuel case ($600 million + $2.8 billion for 2021/2022; briefs this fall): https://t.co/8gfmrZjEAt
PSO Preapproval case ($1.255 billion; briefs this winter) https://t.co/szwXCVjOWa
-END-
Tom Gann, a Republican, represents District 8 in the Oklahoma House of Representatives. His district includes parts of Mayes, Rogers and Wagoner counties.
Representative George knocked on Mic's door. Mic lives in HD36. He was in her yard and he knew that she was filming. I did not ask her to take this video, but I think it's worth sharing. I am happy to talk to constituents at a forum. He does not want to and he says that to Mic - who had been helping me find a place for us to have a Forum.
🧵 1/ We have all now heard about the Corey DeAngelis controversy. But what’s really crazy, is that Republicans & Libertarians are ignoring that the NGO that he worked for, American Federation for Children, AFC, is pushes DEI, SEL, Social Justice, etc.
Patent for Flock Cameras, they're not only tracking license plates.
U.S. patent 11,416,545 B1
Patented Aug 16, 2022
By Garret Langley and Matt Fuery of FLOCK Safety, based in Atlanta GA (next tweet)
According to Figure 5A, it can detect pedestrians and bicyclists down to clothing, height/weight and color of clothing.
The system also has an auto-alert when it "detects a target" with high confidence.
Along with the most seen and known FLOCK Camera "Falcon", they now have a family of cameras called "Condor, Raven," an aerial surveillance drone "AreoDome" and its linked to a system called "Wing"
#Throwback
Here's the web page with 29 pages of the patent.
https://t.co/2yIALJzVeM
Wow! What an incredibly kind thing to say! Thank you so much! It was a blessing to meet so many wonderful moms, many of whom I still follow/keep on touch with. I wish we'd been more successful stopping it at the local levels, but I wouldn't take back the experience for the world!
My friend Holly reminded me of this article after she saw my video this morning. If you want a really good example of my work for We The People, this article pretty much epitomizes it. What an amazing time this was for all of us involved!
Cutting up while setting some signs and knocking some doors. What? You think these country girls can't pound some stakes!? Here's the thing about me (and Kelly!) - we'll just outwork, outlast and generally outperform your expectations - it's just the way we're built...
Don’t forget numerous Oklahoma Senate “Republicans” voted on the bill to GIVE DRIVER LICENSES TO ILLEGALS!
THEY want people like this here.
And several of them are up for re-election on June 16th.
Brenda Stanley
Bill Coleman
Chuck Hall
John Haste
Vote them OUT!
The Seminole Nation of Oklahoma has become the first known Indigenous nation in the U.S. to officially block data center development on its land, voting unanimously in March to place a moratorium on hyperscale data centers and generative AI infrastructure.
Recently, a tech company approached tribal leaders with a proposal to build a data center on Seminole land. Leaders and community members raised concerns over the massive water and electricity demands these facilities require, along with the long-term risks to local ecosystems and water supplies.
Tribal chose to ban construction of data centers and maintain environmental protection and sovereignty, arguing that once resources like water are depleted or damaged, the impacts can be irreversible. This vote is now being seen as a landmark response to the rapid expansion of AI infrastructure and could influence how other Indigenous nations and rural communities respond to future data center projects.
This is my one and only response to the nonsense ads and mailers coming out about me (because I'm winning! 😉) I'm ALWAYS happy to tell you where I stand! You don't have to guess and you don't have to take anyone's word for it - especially from DARK MONEY and SPECIAL INTERESTS! 😀
Do not forget, #Oklahoma … the 2018 targeted purging of conservatives in the state legislature… led by Kannady & his closest “reformed democrats” … McCall, Echols, etc. Surely these boys can find employment outside politics, lobbying, and/or this state.
PLEASE! Read this and PASS IT ON! This is a list of all the candidates running for office in this upcoming primary June 16th that ARE NOT TAKING LOBBYIST, SPECIAL INTEREST OR PAC dollars! You want to stop government from running you over? Vote for people who will not allow that to happen through the STRINGS that money can buy!
Thank you Sandra Crosnoe for this excellent piece!
https://t.co/RJoUaddfbl
So many changes to the schedule this month! So sorry! But you won't want to miss Katy and Michael going TOPICLESS together this Friday, 5.29! Be there!