Page:United States Reports 502 OCT. TERM 1991.pdf/602

 502US2$28D 02-10-99 15:12:54 PAGES OPINPGT

444

WYOMING v. OKLAHOMA Opinion of the Court

The four Oklahoma electric utilities subject to the requirements of the Act are Oklahoma Gas and Electric Company, Public Service Company of Oklahoma, and Western Farmers Electric Cooperative, all privately owned, and the Grand River Dam Authority (GRDA), an agency of the State of Oklahoma. None of these four heeded this precatory resolution. At its second session, the 40th Legislature adopted the Act challenged in this case, thus mandating the 10% minimum purchases that the previous resolution had requested. Fifteen months after the effective date of the Act, facing substantially less than full compliance by any of the utilities,4 the next Oklahoma Legislature adopted a concurrent resolution directing the GRDA, Oklahoma’s state-owned public utility, to comply with the Act. Okla. S. Res. 82, 41st Leg., 1988 Okla. Sess. Laws 1915.5 Charts set out in the Special Master’s Report show the percentages of each utility’s purchases of Oklahoma-mined coal and Wyoming-mined coal on an annual basis from 1981 4 To date, no investigations or prosecutions have taken place. However, violations of the Act can be prosecuted as a misdemeanor, and the utilities can be enjoined from further violations upon recommendation of Oklahoma’s State Mining Commission. See Oklahoma’s Response to Wyoming’s Interrogatory No. 6. 5 The recitals and resolutions included the following: “WHEREAS, the passage of this law in 1986 has provided over 700 new jobs in Oklahoma’s coal mining industry and related employment sectors; and “WHEREAS, another benefit of this law is an additional $31 million of taxable income has been generated through the purchases of Oklahoma mined coal; and . . . . . “WHEREAS, the Grand River Dam Authority has failed to comply with said law and has refused to recognize the intent of the Oklahoma State Legislature to utilize Oklahoma mined coal. “NOW, THEREFORE, BE IT RESOLVED. . . : “THAT the Oklahoma State Legislature hereby directs the Grand River Dam Authority to immediately begin purchasing Oklahoma mined coal and to comply with the law as stated in [the Act].”