A Rogers County judge has cleared the way for Public Service Company of Oklahoma to move ahead with a long-disputed expansion at its Northeastern (Oologah) power station, reversing a county board decision that had stalled the project. The order overturns a November denial by the Board of Adjustment and lets PSO pursue plans to convert an existing coal unit to natural gas, build two new combustion turbines and install a battery energy storage system, effectively closing one chapter in a months-long fight over zoning, safety and local control.
Judge's order clears path
As reported by News On 6, the judge granted PSO's request for a special exception, reversing the Board of Adjustment's earlier denial and allowing the company to resume permitting and construction planning at the Oologah site. In the order, the court found that PSO qualifies for a land-use exemption, which removes the local zoning barrier that had blocked the proposed gas and storage additions.
What PSO wants to build
PSO has told regulators it wants to convert one of the plant's coal-fired units to run on natural gas, add a battery energy storage system and construct two new simple-cycle gas turbines. Oklahoma Energy Today reports that the NE 5&6 project would add roughly 450 megawatts through two General Electric combustion turbines, with a target commercial operation date of December 15, 2028, and an estimated cost of about $539.8 million. The expansion is part of a larger package PSO has presented to regulators to shore up capacity across its service area.
Local pushback
Opponents in Oologah argued the land is zoned agricultural and raised safety and transparency concerns about lithium-ion battery storage. Coverage by KGOU/StateImpact Oklahoma highlighted the November Board of Adjustment meeting and an online petition, where residents questioned both the siting and the communication around the project. A PSO spokesperson told reporters the denial "creates uncertainty for projects designed to strengthen the local grid."
Legal fight and next steps
After the Board of Adjustment's denial, PSO sued Rogers County, asking a district judge to declare that the county lacked jurisdiction over utility property and to clear the way for construction. KRMG reported that county officials accused PSO of "claim-splitting" and signaled they could continue pressing legal defenses even after the judge's order. The ruling does not eliminate the possibility of appeals or additional hearings, and PSO will still need regulatory and local permits before any concrete is poured.
What it means for customers and timeline
The Oologah expansion is one piece of a broader PSO plan that the Oklahoma Corporation Commission recently considered, involving roughly $1.2 billion for new gas units, battery projects and power purchases, along with CWIP financing for gas facilities. According to Public Radio Tulsa/StateImpact Oklahoma, PSO filings estimated an average residential bill increase of around $10.34 per month, though the company says final impacts could be lower. PSO also told regulators the projects are needed to avoid capacity shortfalls through the end of the decade.
The judge's decision shifts the battle from packed zoning meetings back into court filings and regulatory dockets, where the tug-of-war between local land-use authority and state oversight of public utilities will continue to play out. Neighbors and county leaders say they will review the ruling and weigh their options as PSO advances its permitting and construction plans on a multi-year schedule that could stretch into 2029.
