And Okla. Energy Results LLC. v. Corp. (In re Okla. Gas & Elec. Co.)

KAUGER, J.:

¶1 This case involves an order of the Oklahoma Corporation Commission that granted Oklahoma Gas & Electric Company pre-approval to install pollution-control devices at one of its power plants. The order raises two issues: 1) whether res judicata precluded the Commission from pre-approving OG&E's capital expenditure; and 2) whether the Commission could grant pre-approval under Okla. Const. art. 9, § 181 and 17 O.S. 2011 § 151 et seq . rather than 17 O.S. 2011 § 286(B).

¶2 We hold that although res judicata did not preclude the Commission from pre-approving *1199the expenditure, it lacked…