The ruling covers sales to Oklahoma Natural Gas. The amount of any overcharge remains for trial.
PAWHUSKA — An Osage County judge ruled Monday that NextEra Energy Marketing violated Oklahoma’s emergency pricing law when it sold natural gas to Oklahoma Natural Gas during Winter Storm Uri in February 2021.
District Judge Stuart Tate granted Attorney General Gentner Drummond’s request for a partial summary judgment. Tate found NextEra liable under the Emergency Price Stabilization Act and, because a violation of that law also violates the Oklahoma Consumer Protection Act, under the consumer protection law.
“This ruling marks an important victory in our fight to hold NextEra accountable for the staggering prices Oklahomans were forced to pay during Winter Storm Uri,” Drummond said in a statement Tuesday. He said his office would continue seeking to recover money for Oklahomans.
The ruling covers sales to ONG listed on one invoice for February 2021 deliveries. It does not give the invoice amount or decide how much NextEra may owe. The size of any overcharge, possible remedies and questions about other sales remain for trial.
Price ceiling applies
In February 2021, Oklahoma’s emergency pricing law generally barred sellers from charging more than 10% above their pre-emergency price for the same or similar goods, subject to exceptions. Tate found that NextEra’s prices during the declared emergency topped that ceiling under either of the pre-storm comparisons advanced by the state. In 2023, lawmakers added an exception for price increases attributable to natural gas commodity markets, a change that came after the storm.
NextEra argued that its prices came from contracts and market indexes set before the emergency declaration, rather than a pricing decision it made during the storm. The judge rejected that distinction, finding that a preexisting contract or index did not exempt a sale from the law. He also rejected NextEra’s arguments that federal regulation, state utility oversight and other statutory exceptions prevented the state from pursuing the claim.
The Federal Energy Regulatory Commission had dismissed NextEra’s request for a federal ruling on Sept. 23, leaving the company to raise its arguments in state court. FERC did not decide whether federal law governs any particular sale.
The ruling distinguishes NextEra’s sale of gas from the Corporation Commission’s review of ONG’s costs. The commission examined whether ONG could recover what it paid for gas from customers; Tate found that it had not approved or regulated the price NextEra charged ONG.
Costs still on customer bills
Winter Storm Uri brought prolonged, severe cold to Oklahoma and sent demand for natural gas soaring. The Oklahoma Corporation Commission said spot market prices rose from about $3 to more than $1,200 per thousand cubic feet. Utilities bought gas to maintain service, leaving customers with unusually large costs.
Oklahoma issued nearly $2.9 billion in bonds for four regulated utilities to spread those costs across decades of customer bills. ONG’s bonds accounted for about $1.35 billion. Drummond’s suit seeks to hold gas sellers accountable for prices the state says violated the law during the emergency. Monday’s ruling establishes NextEra’s liability for the specified ONG sales, but any recovery for customers has yet to be determined.
NextEra is a major national energy company seeking approval to combine with Dominion Energy. Based on the companies’ market values when the deal was announced, the combined company would have ranked third among publicly traded U.S. energy companies, behind ExxonMobil and Chevron. The merger has not closed.
NextEra has been asked for comment. This story will be updated with any response from the company.
Updated Sept. 29, 2026, to include a statement from Attorney General Gentner Drummond and a link to OK Politics Today’s earlier coverage of the FERC ruling.
