Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 5 - UTILITY FACILITY ENVIRONMENTAL AND ECONOMIC PROTECTION ACT (§§ 23-18-501 — 23-18-531) › Section 23-18-513 - Application for certificate - Service or notice of application

(a)
Each application for a certificate of environmental compatibility and public need shall be accompanied by proof of service of a copy of the application on:
(1)
The mayor of each municipality;
(2)
The county judge;
(3)
The chair of the county planning board, if any;
(4)
Any head of a governmental agency charged with the duty of protecting the environment or of planning land use, upon which the Arkansas Public Service Commission has by rule or order directed that service be made, in the area in which any portion of such facility is to be located, both as primarily and as alternatively proposed;
(5)
Each member of the General Assembly in whose district the facility or any alternative location listed in the application is to be located;
(6)
The office of the Governor; and
(7)
The director or other administrative head of the following state agencies or departments:
(A)
Division of Environmental Quality;
(B)
Department of Health;
(C)
Arkansas Economic Development Commission;
(D)
Arkansas Department of Transportation;
(E)
Arkansas State Game and Fish Commission;
(F)
Arkansas Natural Heritage Commission;
(G)
Any state agency which may have the authority to assist in financing the applicant's facility;
(H)
Any other state agency or department which manages or has jurisdiction over state-owned lands on which all or part of the proposed utility facility is to be or may be located;
(I)
Department of Finance and Administration;
(J)
State Energy Conservation and Policy Office [abolished];
(K)
Attorney General; and
(L)
Any other state agency or department designated by Arkansas Public Service Commission rule or order; and
(8)
Proof that a copy of the application has been made available for public inspection at all public libraries in each county in which the proposed utility facility is to be or may be located.
(b)
The copy of the application shall be accompanied by a notice specifying the date on or about which the application is to be filed and a notice that interventions or limited appearances must be filed with the Arkansas Public Service Commission within thirty (30) days after the date set forth as the date of filing, unless good cause is shown pursuant to §
23-18-517
.
(c)
(1)
Each application shall also be accompanied by proof that written notice specifying the date on or about which the application is to be filed and the date that interventions or limited appearances must be filed with the Arkansas Public Service Commission, unless good cause is shown pursuant to §
23-18-517
, has been sent by certified mail to each owner of real property on the proposed route selected by the utility on which a major utility facility is to be located or constructed.
(2)
The written notice required by this subsection shall be directed to the address of the owner of the real property as it appears on the records in the office of the county sheriff or county tax assessor for the mailing of statements for taxes as provided in §
26-35-705
.
(d)
(1)
Each application shall also be accompanied by proof that public notice of the application was given to persons residing in municipalities and counties entitled to receive notice under subsection (a) of this section by the publication in a newspaper having substantial circulation in the municipalities or counties of:
(A)
A summary of the application;
(B)
A statement of the date on or about which it is to be filed; and
(C)
A statement that intervention or limited appearances shall be filed with the Arkansas Public Service Commission within thirty (30) days after the date stated in the notice, unless good cause is shown under §
23-18-517
.
(2)
(A)
For purposes of this subsection, an environmental impact statement submitted as an exhibit to the application need not be summarized, but the published notice shall include a statement that the impact statements are on file at the office of the Arkansas Public Service Commission and available for public inspection or are available electronically on the Arkansas Public Service Commission's website.
(B)
The applicant shall also cause copies of the environmental impact statement to be furnished to at least one (1) of its local offices, if any, in the counties in which any portion of the major utility facilities are to be located, both as primarily or as alternatively proposed, to be there available for public inspection.
(C)
The published notice shall contain a statement of the location of the local offices described in subdivision (d)(2)(B) of this section and the times the impact statements will be available for public inspection.
(e)
Inadvertent failure of service on or notice to any of the municipalities, counties, governmental agencies, or persons identified in subsections (a) and (c) of this section may be cured pursuant to orders of the Arkansas Public Service Commission designed to afford such persons adequate notice to enable their effective participation in the proceedings.
(f)
In addition, after filing, the Arkansas Public Service Commission may require the applicant to serve notice of the application or copies thereof, or both, upon such other persons and file proof thereof, as the Arkansas Public Service Commission may deem appropriate.
(g)
Where any personal service or notice is required in this section, the service may be made by any officer authorized by law to serve process, by personal delivery, or by certified mail.
Amended by Act 2019, No. 315,§ 2480, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2479, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3242, eff. 7/1/2019.
Amended by Act 2017, No. 707,§ 265, eff. 8/1/2017.
Acts 1973, No. 164, § 5; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.4; Acts 1997, No. 540, § 88; 1999, No. 1164, § 180; 1999, No. 1351, § 1; 2011, No. 910, § 7.