APSC FILED Time: 9/22/2016 9:27:11 AM: Recvd 9/22/2016 9:26:17 AM: Docket 16-052-U-Doc. 65
BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION
IN THE MATTER OF THE APPLICATION OF
OKLAHOMA GAS AND ELECTRIC COMPANY
FOR APPROVAL OF A GENERAL CHANGE IN
RATES, CHARGES AND TARIFFS
)
)
)
)
DOCKET NO. 16-052-U
MOTION TO INTERVENE OF
WAL-MART STORES ARKANSAS, LLC, AND SAM'S WEST, INC.
Wal-Mart Stores Arkansas, LLC, and Sam's West, Inc., (collectively "Walmart")
submit this Motion To Intervene ("Motion") in this cause. In support of this Motion,
Walmart states as follows:
1.
On August 25, 2016, Oklahoma Gas and Electric Company ("OG&E"),
filed an application herein for approval of changes in its rates for retail electric service.
Rule 4.02(a) allows intervention by "[a]ny person whose interest may be directly
affected by Commission action and whose interest is not adequate!y represented by
other Parties .... " For the reasons articulated herein, Walmart respectfully requests
intervention pursuant to Rule_4.02(a).
2.
Wal-Mart Stores Arkansas, LLC, is an Arkansas limited liability company
authorized to do business in the State of Arkansas. Sam's West, Inc., is an Arkansas
corporation also authorized to do business in the State of Arkansas. The business
address of both entities is: Sam M. Walton Development Complex, 2001 SE 1Oth Street,
Bentonville, AR 72716-0550.
3.
Walmart is a large retail customer of OG&E, owning and operating eight
retail stores, one distribution center, and related facilities in OG&E's Arkansas service
territory. Collectively, these facilities consume over 25 million kWh of electricity on an
annual basis. The relief requested by OG&E may affect Walmart's business and
operations in the State of Arkansas. Accordingly, Walmart has an interest in this
APSC FILED Time: 9/22/2016 9:27:11 AM: Recvd 9/22/2016 9:26:17
AM: Docket
65
MOTION
TO16-052-U-Doc.
INTERVENE
OF
WAL-MART STORES ARKANSAS, LLC,
AND SAM'S WEST, INC.,
DOCKET NO. 16-052-U
proceeding "which entitles it to participate and which will be directly affected by the
Commission's actions." Rule 4.02(a)(1)(A).
4.
Further, the nature of Walmart's business and the configuration of its
facilities within OG&E's service territory are unique, and "are not adequately
represented by any other Party to the proceeding." Rule 4.02(a)(1)(B). Allowing Walmart
to intervene in this proceeding will serve the public interest by ensuring that the
Commission is apprised of the interests of a large commercial electric customer.
Further, because Walmart operates in many different states, it has substantial and
unique insights gained in various states and markets regarding issues in this
proceeding.
5.
Walmart has not yet completed its analysis of OG&E's filing. Accordingly,
Walmart has not yet identified any specific objections to OG&E's filing, or the grounds
and issues of fact and law upon which Walmart wishes to be heard. Rules 4.02(a)(1)(C)
& (D). Walmart respectfully requests that it be allowed to specifically articulate its
interests in testimony to be filed pursuant to the procedural order entered in this docket.
6.
Rule 4.01 (b) provides that in order to represent any person or corporation
in a proceeding before the Commission an "attorney need not be licensed in Arkansas,
but must be licensed by and in good standing with the highest state court of another
United States jurisdiction.'.' The undersigned counsel is not licensed in Arkansas but is
licensed by, and in good standing with, the highest courts in the States of Oklahoma
and Texas. The undersigned counsel respectfully requests that he be allowed to appear
2
APSC FILED Time: 9/22/2016 9:27:11 AM: Recvd 9/22/2016 9:26:17
AM: Docket
65
MOTION
TO16-052-U-Doc.
INTERVENE
OF
WAL-MART STORES ARKANSAS, LLC,
AND SAM'S WEST, INC.,
DOCKET NO. 16-052-U
in this docket pro hac vice and hereby verifies his compliance with the standard set forth
in Rule 4.01 (b).
7.
The following persons should be included on the service list in this
proceeding, and all communications concerning this matter should be addressed to:
Rick D. Chamberlain
Behrens, Wheeler & Chamberlain
6 N.E. 53rd Street, Suite 400
Oklahoma City, OK 73105-1401
Telephone: (405) 848-1014
Facsimile: (405) 848-3155
E-mail: [email protected]
Steve W. Chriss
Senior Manager, Energy Regulatory
Analysis
Wal-Mart Stores, Inc.
2001 S.E. 1Oth Street
Bentonville, AR 72716-0550
Telephone: (479)204-1594
E-mail: [email protected]
WHEREFORE, Wal-Mart Stores Arkansas, LLC, and Sam's West, Inc.,
respectfully request that this Motion be granted and that they be provided full rights to
participate immediately as parties to this proceeding.
Dated this 22nd day of September, 2016.
Respectfully submitted,
/s/ Rick D. Chamberlain
Rick D. Chamberlain
Oklahoma Bar Association No. 11255
State Bar of Texas No. 24081827
BEHRENS, WHEELER & CHAMBERLAIN
6 N.E. 53rd Street, Suite 400
Oklahoma City, OK 73105
Tel.:
(405) 848-1014
Fax:
(405) 848-3155
E-mail:
[email protected]
ATTORNEY FOR WAL-MART STORES
ARKANSAS, LLC, AND SAM'S WEST, INC.
3
APSC FILED Time: 9/22/2016 9:27:11 AM: Recvd 9/22/2016 9:26:17 AM: Docket 16-052-U-Doc. 65
MOTION TO INTERVENE OF
WAL-MART STORES ARKANSAS, LLC,
AND SAM'S WEST, INC.,
DOCKET NO. 16-052-U
CERTIFICATE OF SERVICE
The undersigned certifies that on the 22nd day of September, 2016, a true and
correct copy of the foregoing pleading was served upon the persons listed on the
Commission's.official service list by electronic mail and/or U.S. mail, postage prepaid.
Lawrence E. Chisenhall, Jr.
Barber Law Firm, PLLC
425 W. Capitol Ave., Suite 3400
Little Rock, AR 72201
Jason Bailey
Oklahoma Gas and Electric Company
321 N. Harvey Avenue
Oklahoma City, OK 73102
M. Shawn McMurray
Kevin Lemley
323 Center Street, Suite 200
Little Rock, AR 72201
Justin A Hinton
Christina Baker
Arkansas Public Service Commission
1000 Center Street
P.O. Box 400
Little Rock, AR 72201-0400
Isl Rick D. Chamberlain
4