NextEra sought a federal ruling on natural gas sales challenged by the state. Regulators said the court can address the dispute.
OKLAHOMA CITY — Federal energy regulators have declined NextEra Energy Marketing’s request to intervene in Oklahoma’s lawsuit over natural gas sales during the 2021 winter storm.
NextEra asked the Federal Energy Regulatory Commission to declare that federal law governs some of its sales and prevents Oklahoma from applying state law to them. In a Sept. 23 order, FERC dismissed the request, saying the arguments can be addressed in the lawsuit already underway in Osage County.
Attorney General Gentner Drummond alleges that NextEra and other natural gas marketers violated state laws as prices rose during Winter Storm Uri. NextEra argues that at least some of its sales fall under federal jurisdiction.
FERC did not decide which sales fall under which jurisdiction. That would require examining individual transactions, the commission said, and a factual record is being developed in state court.
“I am pleased the lawsuit will move forward in state court,” Drummond said Thursday.
The ruling leaves NextEra free to make its federal-law arguments in court. It does not determine whether the company violated Oklahoma law.
