State Reps. Tom Gann of Inola, Rick West of Heavener and Kevin West of Moore—all Republicans—filed the petition this month. It asks the court to review the commission's decision approving the arrangement between Oklahoma Gas & Electric and Alliance Site & Grid, a wholly owned Google subsidiary, to supply power to three planned data centers.

At issue is the procedural schedule the commission released on June 11, 2026. According to the lawmakers' filing, that schedule was issued ten days after the stated deadline for third parties to intervene in the case. Intervening allows parties to submit testimony, cross-examine witnesses and directly challenge aspects of a proceeding. The lawmakers also contend that OG&E customers did not receive direct notice of a pending hearing until August, well past the June 1 intervention deadline.

"No interested party who had not already been notified about the case and intervened ever had a chance to do so before the deadline," the lawmakers wrote.

Jack Damrill, communications director for the Corporation Commission, said the June 1 deadline was established in a separate commission order issued nine days earlier. He noted that beyond OG&E, Google and commission staff, the Attorney General's Office, Oklahoma Industrial Energy Consumers, the Oklahoma Sustainability Network and Public Service Company of Oklahoma all participated in the proceeding.

OG&E announced the Google agreement in April, saying the data centers "will provide economic growth for local communities and the state, contribute to grid stability and benefit OG&E's current customers." The utility said Google committed to pay 100% of the costs to connect the data center sites to the grid, all contracted costs regardless of the company's energy use, and its share of power generation required to serve the facilities.

Damrill said the commission's approval order included several customer protections: Google bears the full cost of dedicated transmission and distribution infrastructure; OG&E must conduct customer impact assessments comparing costs and benefits of serving Google's demand against a scenario without it; costs tied to Google's share of construction work in progress must be collected from Google; OG&E must monitor and report certain revenues; and the commission retains authority to review cost allocations in future rate proceedings.

"These requirements provide ongoing oversight as the facilities develop and their electricity demands increase," Damrill said. "The Commission's decision was based on the record developed during the proceeding and applicable Oklahoma law." He declined to comment on the specific legal arguments due to pending litigation.

Gann, however, argues the public will likely never know the terms of what he called "secret agreements cut behind closed doors." He said the commission's order classifies the agreements as "highly sensitive, confidential information," and he contends the arrangement violates HB 2992, a state law requiring electric companies to create and maintain separate, public tariffs for data centers.

"The OCC's violations of utility customers' due process rights are clear, and the consequences for OG&E, (Oklahoma Natural Gas) and (Public Service Company of Oklahoma) ratepayers now exceed $17 billion," Gann said in a statement.

The appeal also argues that hundreds of pages of public comments Gann submitted before the deadline never made it into the official record, and that the commission approved OG&E's request "without disclosing their potential impact on customers." The lawmakers further allege the commission's actions violate due process under both the U.S. and Oklahoma constitutions.

Separately, the filing asks the court to find that Corporation Commissioner Todd Hiett unlawfully participated in the vote. Hiett stepped down as chairman after facing allegations that he groped another man at a party in 2017; prosecutors declined to investigate in 2025, citing the statute of limitations. The lawmakers argue that OG&E attorneys' firsthand knowledge of Hiett's behavior ethically binds him from voting on a decision involving the utility. Hiett's term ends in January, when newly elected commissioner Brad Boles takes office.

The case began May 1 when OG&E applied to the commission for approval to buy electricity from two Oklahoma solar farms, power that would be specially designated for the Google-affiliated data centers. The utility said Google would pay for transmission infrastructure and that regulators could review any rate impacts on regular customers.

This is the 17th petition Gann has filed with the Oklahoma Supreme Court challenging commission decisions since 2024. Kevin West is set to be sworn in as the state's next labor commissioner in January.