Gann, Hundreds of PSO Customers 'Muzzled' in OCC Hearing to Determine their Rights
OKLAHOMA CITY – Rep. Tom Gann, R-Inola, and hundreds of Public Service Company of Oklahoma (PSO) customers were not allowed to participate in a hearing at the Oklahoma Corporation Commission (OCC) Thursday morning. The customers had officially filed pro se interventions in PSO’s rate case before the OCC. An Administrative Law Judge (ALJ) heard arguments on their right to intervene in the case. “My interpretation of rule is that’s a threshold determination that has to be made, whether or not they are parties. I’m not going to elicit any responses from the intervenors online,” the ALJ said, ignoring the raised hands of Gann and other intervenors seeking to be recognized. The OCC’s electronic filing system shows more than 380 pro se interventions were filed by PSO customers in the case. PSO is seeking a $600 million rate increase, approximately $25 per month more for its average residential customer. Challenging the interventions , PSO Attorney Jack Fite argued Thursday that Gann and the other PSO customers could not participate in the case because they had missed the April 1 intervention deadline. A written response filed earlier by Gann and intervenor Christine Roam, an organizer for Stop the Inola Smelter , argued that PSO’s customers did not even receive notice about the case until after that April 1 deadline. Fite did not address the untimeliness of PSO’s notice in his remarks. In response to a question from the ALJ, PSO’s attorney argued customers did not even have a right to notice about Thursday’s hearing on the status of their intervention, let alone the case itself. “I have filed ten appeals at the Oklahoma Supreme Court arguing the Corporation Commission has violated the due process rights of utility customers in these billion-dollar cases for years,” Gann said. “Today’s hearing was just another example. For Oklahomans wondering why their utility bills keep going up, this is a big part of the answer. The officials charged with protecting ratepayers aren’t doing their job, and when others try to step up, we are muzzled and not allowed to speak.” “The Supreme Court has said utility customers have a constitutional right to appeal the OCC’s decisions, but we have to raise our issues at the Commission first,” added Roam, referencing an April Supreme Court decision (2026 OK 24). “How can we do that if the OCC creates arbitrary deadlines and does not even notify customers about the case until after the deadline?” Fite said PSO’s customers should not rely on the Supreme Court’s recent opinion, which is under reconsideration and still subject to modification or withdrawal. Fite argued utility customers do not have a right to participate in the OCC’s utility cases. Pointing to a table of four lawyers from the attorney general’s Office, he said the AG was representing all utility customers in the case. But after Fite finished, when the ALJ asked if any other party wanted to speak, the AG’s table was silent. “I barely found the right web link in time for this morning’s hearing,” Roam said afterwards. “No one has responded to my requests to see the evidence or participate in the settlement conference. Even though no one has ruled against us yet, the utility is treating us like they already have. To say PSO’s customers are being deliberately excluded from this case is an understatement.” In addition to the requested $600 million rate increase, PSO’s rate case will determine whether a new large-load rate class will be created for data centers and the proposed Emirates Global Aluminum smelter in Gann and Roam’s hometown of Inola. In a Statement of Position filed earlier in the case, Gann raised several issues related to the proposed smelter, including his opposition to existing PSO customers being forced to subsidize its electricity. On Tuesday, Attorney General Gentner Drummond filed a petition asking a Rogers County district judge for an injunction declaring the proposed aluminum smelter a public nuisance. Such an injunction would halt the project. At the end of the Thursday OCC hearing, the ALJ announced his intention to “take this matter under advisement” and issue a written recommendation and report by the end of the day Friday. Gann has already filed a motion citing laws in other states and asking the OCC Commissioners themselves to weigh in on the questions of timely notice and ratepayers’ due process rights. “It is time the Corporation Commission explicitly recognized 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. Regardless of the ALJ’s decision Friday, a hearing before the Commissioners themselves on Gann’s motion is set for June 25 . Public comment from PSO customers will be allowed that day. See also , Gann Appeals $1.3B OCC Preapproval of New PSO Capacity to Power Inola Smelter, Data Centers; Hundreds Enter Appearances in PSO Rate Case (June 2, 2026).