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Can the Government allow a surcharge/tax on one company but not others in the same industry?

Tulsa, OK |
Filed under: Oil and gas law

I live in Oklahoma and today the Oklahoma Corporation Commission allowed Oklahoma Natural Gas to start charging customers who use natural gas as a motor fuel a surcharge of .25 cents per gallon at the pump, in addition to the taxes we already pay. ONG will then take the funds and give to certain consumers a rebate for switching to compressed natural gas. Oklahoma Natural Gas is the only natural gas fueling company charging this fee. They call it a surcharge as opposed to a tax. The requirements to get the rebate are unfair and unreasonable. I'm now forced to pay this higher price if I wish to fuel at ONG. ONG is prohibited by the OCC from charging anything above cost for Compressed Natural Gas. I just hate being forced to pay more. Do I have any options stop it?

Attorney Answers 2


There are so many different parameters and issues to your question that if you really want to pursue it you should be consulting with competent local legal counsel and not trying to get answers for free online; DIY in an area such as this is really not a good idea.

My answer does not constitute legal advice and may not be relied upon by anyone for any purpose and does not constitute an attorney/client relationship or an offer to form such a relationship. This disclaimer is intended to be fully compliant with the requirements of Treasury Department Circular 230 and the terms thereof are fully incorporated by reference. If you wish to consult with me please contact me at dwatchley@newyorktaxcounsel or visit my website at

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Yes it can, especially when as described in your post one is comparing apples to oranges.

No, you have no short term options to stop it, other than not buying your products there - vote with your feet!

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

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