reglab/statecodes huggingface dataset:
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-4-101 — 23-4-112) › Section 23-4-101 - Authority of commission or department to establish rates - Exceptions

(a)
With respect to the particular public utilities and matters over which each agency has jurisdiction, the Arkansas Public Service Commission or the Arkansas Department of Transportation shall have the power, after reasonable notice and after full and complete hearing, to enforce, originate, establish, modify, change, adjust, and promulgate tariffs, rates, joint rates, tolls, and schedules for all public service corporations, companies, and utilities and all rules with reference thereto and orders directing the performance of any duties devolving on the company, utility, common carrier, or public service corporation under the terms of this act.
(b)
Whenever the commission or the department having jurisdiction, after notice and hearing, finds any existing rates, tolls, tariffs, joint rates, or schedules unjust, unreasonable, insufficient, unjustly discriminatory, or otherwise in violation of any of the provisions of the law, the commission or the department shall, by an order, fix reasonable rates, joint rates, tariffs, tolls, charges, or schedules to be followed in the future in lieu of those found to be unjust, unreasonable, insufficient, unjustly discriminatory, inadequate, or otherwise in violation of any of the provisions of this law.
(c)
(1)
Nothing in this act shall authorize either the commission or the department to make any rule or order whatever to be effective within the limits of any municipality of this state with reference to any tariff, rate, toll, schedule, duty, or action of any public service corporation, company, or public utility operating within the municipality as a street railroad; telephone company; gas company; pipeline company for transportation of oil, gas, or water; electrical company, for the generation or distribution, sale, or supply of electricity for heat, light, or power; water company; or hydroelectric company.
(2)
It is the intention of this act, more particularly expressed in other provisions of this act, to confer upon the municipal councils and city commissions of this state jurisdiction as to these matters, so far as they are effective within the limits of any municipality of this state.
Amended by Act 2019, No. 315,§ 2387, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2386, eff. 7/24/2019.
Amended by Act 2017, No. 707,§ 109, eff. 8/1/2017.
Acts 1919, No. 571, § 8; C. & M. Dig., § 1619; Acts 1921, No. 124, § 6; Pope's Dig., § 2005; A.S.A. 1947, § 73-119.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-4-101 — 23-4-112) › Section 23-4-102 - Commission's authority over interstate rates, charges, classifications, and other actions

(a)
The Arkansas Public Service Commission shall have the power to investigate all existing or proposed interstate rates, charges, and classifications, and all rules and practices in relation thereto promulgated and prescribed by or for any public utility as defined in §
23-1-101
, when the matters so investigated shall affect the public of this state.
(b)
When the existing or proposed interstate rates, charges, and classifications are in the opinion of the Arkansas Public Service Commission excessive or discriminatory or in violation of any act of the United States Congress or in conflict with the rules, orders, or regulations of a commission created by the United States Congress, the Arkansas Public Service Commission may seek relief in the appropriate commission or in a court of competent jurisdiction.
(c)
For the purpose of this section, the Arkansas Public Service Commission:
(1)
Is exempt from the provisions of §
25-16-702
whenever the Arkansas Public Service Commission is a party to a proceeding under subsection (b) of this section;
(2)
May retain contract attorneys or contract consultants; and
(3)
(A)
(i)
May adopt rules for direct recovery of the fees and expenses of contract attorneys and consultants from the affected utility under this section, provided that the utility is an electric public utility that is owned by a public utility holding company as defined by section 1262 of the Energy Policy Act of 2005, Pub. L. No. 109-58.
(ii)
The maximum amount that may be directly recovered from an affected utility shall be five million dollars ($5,000,000) per calendar year.
(B)
(i)
In the event the Arkansas Public Service Commission directly recovers the fees and expenses of its attorneys and consultants from an affected utility under this section, that utility shall be allowed to implement a surcharge mechanism to recover only the expenses directly recovered from that utility.
(ii)
The surcharge shall be established annually to recover only the amounts directly recovered from that utility during the preceding calendar year.
(iii)
The surcharge mechanism shall include provisions to address any excessive or deficient recoveries during the preceding calendar year. The surcharge shall not include any interest or carrying charges.
(iv)
Any surcharge must be approved by the Arkansas Public Service Commission before it can be implemented.
Amended by Act 2023, No. 560,§ 1, eff. 8/1/2023.
Acts 1935, No. 324, § 9; Pope's Dig., § 2072; A.S.A. 1947, § 73-203; Acts 2007, No. 647, § 1.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-4-101 — 23-4-112) › Section 23-4-103 - Rates and rules to be reasonable

All rates made, demanded, or received by any public utility, for any product or commodity furnished, or to be furnished, or any service rendered or to be rendered, and all rules made by any public utility pertaining thereto shall be just and reasonable, and to the extent that the rates or rules may be unjust or unreasonable, are prohibited and declared unlawful.
Amended by Act 2019, No. 315,§ 2388, eff. 7/24/2019.
Acts 1935, No. 324, § 10; Pope's Dig., § 2073; A.S.A. 1947, § 73-204.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-4-101 — 23-4-112) › Section 23-4-104 - Charges, rates, etc., to be just, reasonable, and in compliance with Acts 1919, No. 571, and Acts 1921, No. 124

(a)
All charges, tolls, fares, and rates shall be just and reasonable.
(b)
No charge shall be made in any tariffs, rates, fares, tolls, schedules, or classifications except as provided in this act.
Acts 1919, No. 571, § 6; C. & M. Dig., § 1611; Acts 1921, No. 124, § 4; Pope's Dig., § 2003; A.S.A. 1947, § 73-116.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-4-101 — 23-4-112) › Section 23-4-105 - Rate schedules - Filing

Under such rules and regulations as the commission may prescribe, every public utility shall file with the commission, within such time and in such form as the commission may designate, schedules showing all rates established by or for it, and collected or enforced, or to be collected or enforced, within the jurisdiction of the commission.
Acts 1935, No. 324, § 11; Pope's Dig., § 2074; A.S.A. 1947, § 73-205.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-4-101 — 23-4-112) › Section 23-4-106 - Rate schedules - Public inspection

Every public utility shall keep copies of its rate schedules open to public inspection under such rules and at such places as the commission may prescribe.
Amended by Act 2019, No. 315,§ 2389, eff. 7/24/2019.
Acts 1935, No. 324, § 11; Pope's Dig., § 2074; A.S.A. 1947, § 73-205.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-4-101 — 23-4-112) › Section 23-4-107 - Rate schedules - Greater or lesser rate not to be charged

No public utility shall directly or indirectly, by any device whatsoever, charge, demand, collect, or receive from any person a greater or lesser compensation for any service rendered or to be rendered by the public utility than that prescribed in the schedules of the public utility applicable thereto then filed in the manner provided in this act. Nor shall any person receive or accept any service from a public utility for a compensation greater or lesser than that prescribed in the schedules.
Acts 1935, No. 324, § 12; Pope's Dig., § 2075; A.S.A. 1947, § 73-206.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-4-101 — 23-4-112) › Section 23-4-108 - Sliding scales of rates

(a)
(1)
Nothing in this act shall be taken to prohibit a public utility from establishing or entering into an agreement for a fixed period for a sliding scale or automatic adjustment of charges for public utility service in relation to the dividends to be paid to stockholders of the public utility, or the profit to be realized, or its expenses of operation to be incurred, or other equitable or reasonable basis for the scale or adjustment if a schedule showing the rates under the arrangement is first filed with and approved by the commission.
(2)
Nothing in this section shall prevent the commission from revoking its approval at any time and fixing other rates and charges for the product or commodity or service if, after reasonable notice and hearing, the commission finds the existing rates or charges unjust, unreasonable, insufficient, or discriminatory.
(b)
The commission shall have the power to fix a reasonable and just sliding scale of rates for public utilities.
Acts 1935, No. 324, § 20; Pope's Dig., § 2083; A.S.A. 1947, § 73-219.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-4-101 — 23-4-112) › Section 23-4-109 - Minimum charges

Nothing in this act shall be construed to prohibit a public utility from filing a schedule or entering into any reasonable arrangements with its customers, or prospective customers, which provide for a minimum charge for services to be rendered, or from providing for any other financial device that may be lawful if the schedule or arrangement, before becoming effective, is filed with and approved by the commission. The schedule or arrangement shall be subject to revision or modification on the part of the commission upon complaint or its own motion.
Acts 1935, No. 324, § 20; Pope's Dig., § 2083; A.S.A. 1947, § 73-219.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-4-101 — 23-4-112) › Section 23-4-110 - Changes in rates under Acts 1919, No. 571, and Acts 1921, No. 124

(a)
(1)
No person, firm, or corporation subject to the provisions of this act shall modify, change, cancel, or annul any rate, joint rates, fares, classifications, charges, or rentals except after thirty (30) days' notice to the public and to the municipal council or city commission, as the case may be, depending on the utility affected and the action proposed.
(2)
The notice shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rates, fares, or charges shall go into effect.
(b)
The particular regulatory body having jurisdiction of the matter under this act may enter an order prohibiting such a person, firm, or corporation from putting the proposed new rates into effect pending hearing and final decision of the matter by the regulatory body.
(c)
(1)
Whenever there is filed with the regulatory body any schedule proposing a change in any rates, charges, or rules, the regulatory body shall have authority, either upon complaint or upon its own initiative, and upon reasonable notice, to enter upon a hearing concerning the propriety of the rate, charge, or rule.
(2)
Pending the hearing and the decision thereon, the regulatory body, upon filing of the schedule or after the schedule should be filed, and upon delivering to the carriers or public service corporations affected thereby a statement in writing of its reasons for such a suspension, may suspend the operation of the schedule and defer the use of the rate or charge.
(3)
After a full hearing, whether completed before or after the rate, charge, or rule goes into effect, the regulatory body may make such orders in reference to the rate, fare, charge, or rule as shall be deemed proper and just.
Amended by Act 2019, No. 315,§ 2391, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2390, eff. 7/24/2019.
Acts 1919, No. 571, § 7; C. & M. Dig., § 1612; Acts 1921, No. 10, § 1; 1921, No. 124, § 5; Pope's Dig., §§ 1937, 2004; A.S.A. 1947, § 73-117.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 2 - UTILITIES GENERALLY (§§ 23-4-201 — 23-4-209) › Section 23-4-201 - Electric, gas, telephone, or sewer utilities - Rate-making authority - Definition

(a)
(1)
The Arkansas Public Service Commission is vested with the sole and exclusive jurisdiction and authority to determine the rates to be charged for each kind of product or service to be furnished or rendered by electric, gas, telephone, or sewer public utilities in Arkansas.
(2)
Cities and towns in this state shall have no authority acting either through their governing bodies or by the initiative of their citizens to assume or exercise any jurisdiction or authority to fix and determine rates charged in Arkansas by electric, gas, or telephone public utilities.
(b)
As used in this section, "electric, gas, telephone, or sewer public utilities" includes persons and corporations or their lessees, trustees, and receivers who own or operate, in this state, equipment or facilities for producing, generating, transmitting, delivering, furnishing, or collecting electricity, sewage, or gas for the production of light, heat, or power, or for the collection of sewage or other waste; who convey or transmit messages or communications by telephone or telegraph to, or for, the public for compensation who produce, generate, transmit, deliver, or furnish electricity or gas to any other person or corporation for resale or distribution to, or for, the public for compensation or for operating or maintaining sewer facilities. This term shall not include those utilities owned or operated by municipalities or leased by them to a nonprofit corporation.
(c)
The General Assembly determines that the existing procedures whereby rates described in this section may be determined and fixed by the cities and towns of the State of Arkansas acting through their governing bodies or by the initiative of their citizens have resulted in a multiplicity of rate determination proceedings and forums which are costly and inefficient, have created conflicts between the rates charged in different cities and towns for the same services thus establishing unreasonable preferences to certain citizens, and have discriminated unfairly against the citizens of certain cities and towns to the detriment and at the expense of those citizens and the citizens of the entire State of Arkansas.
(d)
Nothing in this section shall be construed to change or alter the rates being charged for electric, gas, telephone, or sewer public utility services until changed by order of the commission in the manner provided by law.
Acts 1977, No. 164, §§ 1-3, 5; A.S.A. 1947, §§ 73-202a, 73-202a note, 73-202b, 73-202b note.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 2 - UTILITIES GENERALLY (§§ 23-4-201 — 23-4-209) › Section 23-4-202 - Water, gas, or electricity bills rendered in accordance with rate schedules - Rate schedule furnished on request

(a)
It shall be unlawful for any public utility furnishing water, gas, or electricity to the general public in the State of Arkansas to bill or render statements to its customers, patrons, or consumers except in accordance with rate schedules duly filed with the Arkansas Public Service Commission in the manner provided by law.
(b)
On request by any customer, patron, or consumer, a public utility engaged in the business of the sale or distribution of water, gas, or electricity to the general public shall furnish a copy of the rate schedule under which the customer, patron, or consumer making the request is billed for the service.
(c)
(1)
Upon a finding by the commission that any jurisdictional water, gas, telephone, or electric public utility has knowingly, willfully, and purposefully violated any of the provisions of this section, by agent or otherwise, the commission shall assess a civil sanction of one thousand dollars ($1,000) on the utility.
(2)
Each instance of violation shall constitute a separate violation. However, in case of a continued violation, each day's continuance thereof shall not be deemed to be a separate and distinct violation.
(3)
The power and authority of the commission to impose civil sanctions are not to be affected by any other proceeding, civil or criminal, concerning the same violation, nor shall the imposition of the sanction preclude the commission from imposing other sanctions as are provided for by law.
(4)
The proceeds from the civil sanctions imposed under this section shall be deposited into the State Treasury as special revenues and credited to the Public Service Commission Fund.
(5)
The imposition of a civil sanction under this section is subject to review by the commission and by the Court of Appeals in the manner provided by §§
23-2-422
-
23-2-424
.
Acts 1951, No. 156, §§ 1, 2; 1985, No. 688, § 1; A.S.A. 1947, §§ 73-205.1, 73-205.2.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 2 - UTILITIES GENERALLY (§§ 23-4-201 — 23-4-209) › Section 23-4-203 - Water, gas, or electricity - Utility bills must show units charged for

(a)
(1)
All water, gas, or electric companies shall base their charges for their commodities upon the reading of the meters and shall charge for the commodities as per printed tables supplied to patrons.
(2)
The bills or statements rendered to patrons shall show the number of units charged for.
(b)
(1)
Upon a finding by the Arkansas Public Service Commission that any jurisdictional water, gas, telephone, or electric public utility has knowingly, willfully, and purposefully violated any of the provisions of this section, by agent or otherwise, the commission shall assess a civil sanction of one thousand dollars ($1,000) on the utility.
(2)
Each instance of violation shall constitute a separate violation. However, in case of a continued violation, each day's continuance thereof shall not be deemed to be a separate and distinct violation.
(3)
The power and authority of the commission to impose the civil sanctions are not to be affected by any other proceeding, civil or criminal, concerning the same violation, nor shall the imposition of the sanction preclude the commission from imposing other sanctions as are provided for by law.
(4)
The proceeds from the civil sanctions imposed under this section shall be deposited into the State Treasury as special revenues and credited to the Public Service Commission Fund.
(5)
The imposition of a civil sanction under this section is subject to review by the commission and by the Court of Appeals in the manner provided by §§
23-2-422
-
23-2-424
.
Acts 1905, No. 282, §§ 2, 3, p. 700; C. & M. Dig., §§ 7616, 7617; Pope's Dig., §§ 9726, 9727; Acts 1985, No. 688, § 2; A.S.A. 1947, §§ 73-211, 73-212.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 2 - UTILITIES GENERALLY (§§ 23-4-201 — 23-4-209) › Section 23-4-204 - Water, gas, or electricity - Disconnecting charges unlawful - Penalty

(a)
It shall be unlawful for any public utility furnishing water, gas, or electricity to the general public to make a charge for disconnecting service.
(b)
Any public utility described in subsection (a) of this section which makes a charge for disconnecting service in violation of this section shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500), and each violation shall constitute a separate offense.
Acts 1957, No. 275, §§ 1, 3; A.S.A. 1947, §§ 73-204.1, 73-204.3.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 2 - UTILITIES GENERALLY (§§ 23-4-201 — 23-4-209) › Section 23-4-205 - Refunds

(a)
The Arkansas Public Service Commission is hereby empowered, following notice and hearing, to order any public utility subject to its jurisdiction to make refunds. The refunds shall be made in the manner and to the extent determined just and reasonable by the commission.
(b)
The authority of the commission to make refunds shall include, but is not limited to, the following circumstances:
(1)
When a utility implements rates under bond, and the rates approved in the final order of the commission are less than the bonded rates;
(2)
When a utility has charged its ratepayers an amount in excess of the utility's approved tariffs;
(3)
When a utility imposes on ratepayers any charge prohibited by, or in excess of, any Arkansas statute;
(4)
When a utility charges more than the lawful rate of interest; and
(5)
When a utility has collected revenues exceeding those amounts authorized by any contract approved by the commission pursuant to §
23-3-117
.
(c)
When the commission determines that refunds are due under this section, the commission may authorize the utility to make a refund in one (1) lump sum, or may authorize the utility to prorate the refunds over the period of time over which the amount to be refunded had accrued, or some intermediate period of time as the commission deems appropriate. The commission may require that the refund be made by cash or check, or through customers' account credits. However, any refund of ten dollars ($10.00) or less shall be by billing credit only. All refunds, of whatever amount, to customers who cannot be located shall be made pursuant to subsection (e) of this section. Former customers who can be located shall be paid by cash or check.
(d)
The commission may order that refunds due under this section be made with interest computed at a rate not to exceed the maximum allowed by Arkansas law.
(e)
When a refund is due a customer and the utility cannot, after diligent effort, locate the customer, the utility shall:
(1)
Make the refunds available to the customer for a period of three (3) years from the date the refund was ordered; and
(2)
Apply those funds which are not claimed after three (3) years as a credit against bad-debt expense of the utility.
(f)
Nothing in this section shall be construed as allowing retroactive ratemaking or otherwise providing for refunds of rates collected pursuant to previous orders of the commission, except when rates have been placed in effect under bond, subject to refund.
Acts 1935, No. 324, § 8; Pope's Dig., § 2071; Acts 1985, No. 753, § 1; A.S.A. 1947, § 73-202.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 2 - UTILITIES GENERALLY (§§ 23-4-201 — 23-4-209) › Section 23-4-206 - Interest on deposits

(a)
Whenever any person, company, or corporation furnishing patrons or consumers with power, gas, water, electricity, or telephone service shall require a deposit from the consumer before the utility will be supplied to him or her or before a meter will be installed by the person, company, or corporation, then, in every case, the person putting up the deposit, when the deposit is taken down or meter removed, shall receive interest on the deposit until it is returned to the patron or consumer, provided all bills due for service furnished have been paid by the patron or consumer.
(b)
(1)
The interest paid on any deposit shall be computed using simple interest, applying such annual rates as the commission shall determine from year to year.
(2)
The annual interest rate applicable to deposits shall be determined annually by the Arkansas Public Service Commission following notice and hearing. Each year, the commission shall enter its order setting the annual rate of interest no later than December 31 for the following year. The new annual rate shall become effective January 1 of the following year and shall remain in effect for the remainder of the calendar year, or until such later time as the commission shall enter its order establishing a new rate.
(3)
The annual rate of interest set by the commission for any year shall not be more than ten percent (10%).
(c)
This section shall not apply to cities or towns of a population of less than three thousand (3,000) persons that have granted franchises for electric current for lighting and other purposes furnished by manufacturing establishments not solely engaged in the manufacture of electric current for lighting and other purposes.
Acts 1919, No. 264, § 1, 2; C. & M. Dig., §§ 7549, 7550; Pope's Dig., §§ 9623, 9624; Acts 1985, No. 306, § 1; 1985, No. 1054, § 1; A.S.A. 1947, §§ 73-213, 73-214; Acts 1995, No. 843, § 1.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 2 - UTILITIES GENERALLY (§§ 23-4-201 — 23-4-209) › Section 23-4-208 - Water and sewer services for military installations

The Arkansas Public Service Commission shall have jurisdiction to set rates to be paid by military installations for water and sewer services provided by a municipality located in a county having a population in excess of two hundred thousand (200,000) persons if the governing body of the municipality petitions the commission to exercise this jurisdiction.
Acts 1988 (4th Ex. Sess.), No. 21, § 2.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 2 - UTILITIES GENERALLY (§§ 23-4-201 — 23-4-209) › Section 23-4-209 - Transition costs - Definition

(a)
(1)
As used in this section, "transition costs" means those costs, investments, or unfunded mandates, either recurring or nonrecurring, incurred by an electric utility after July 30, 1999, that are found to have been necessary to carry out the electric utility's responsibilities associated with efforts to implement retail open access or were mandated by statute or rule and are not otherwise recoverable.
(2)
In no event shall transition costs include retirement or severance programs, marketing or promotional activities, professional or advisory services, or legal costs associated with any competitive strategy.
(3)
In no event shall costs that are allowable in the utility's regulated cost of service and rates be included as transition costs, and the electric utility shall be required to demonstrate that its requested transition cost recovery does not contain amounts that are otherwise reflected in current rate levels.
(4)
Additionally, no electric utility shall recover transition costs unless approved by the Arkansas Public Service Commission pursuant to this chapter.
(b)
(1)
An electric utility shall be allowed to recover transition costs incurred no later than January 1, 2002, as may be determined by the commission after notice and hearing.
(2)
The recovery shall be by a customer transition charge during a period of time ending thirty-six (36) months after February 21, 2003.
(3)
The customer transition charges shall be subject to annual review by the commission. Costs included in the charges shall be prudent, reasonable, and directly caused by Acts 1999, No. 1556, and rules and orders adopted by the commission to implement that act.
(c)
An electric utility shall have a right to recover from its customers any nuclear decommissioning costs, as determined by the commission, associated with the utility's generating assets. The commission shall retain jurisdiction sufficient to authorize the recovery of those costs.
Amended by Act 2019, No. 315,§ 2392, eff. 7/24/2019.
Acts 2003, No. 204, § 9.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 3 - CONSUMER UTILITIES RATE ADVOCACY DIVISION (§§ 23-4-301 — 23-4-307) › Section 23-4-301 - Title

This subchapter shall be referred to and may be cited as the "Consumer Utilities Rate Advocacy Division Act".
Acts 1981 (Ex. Sess.), No. 39, § 1; A.S.A. 1947, § 73-217n.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 3 - CONSUMER UTILITIES RATE ADVOCACY DIVISION (§§ 23-4-301 — 23-4-307) › Section 23-4-302 - Legislative findings and purpose

(a)
The General Assembly finds that:
(1)
The people of the State of Arkansas are faced with rapidly rising utility costs;
(2)
Residents of the state are finding it increasingly difficult to afford basic utility usage;
(3)
The people of Arkansas need aggressive and effective representation in utility rate hearings and other utility-related proceedings; and
(4)
In order to make informed decisions about their energy consumption, the people of this state need to be informed about the rate-making process and the opportunity to reduce utility bills through conservation measures and the use of alternative energy sources.
(b)
The General Assembly finds that the public policy and responsibility of the state as set forth in this section can best be attained with the establishment of the Consumer Utilities Rate Advocacy Division within the Office of the Attorney General, and it is the purpose of this subchapter to create this division.
Acts 1981 (Ex. Sess.), No. 39, § 2; A.S.A. 1947, § 73-217n.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 3 - CONSUMER UTILITIES RATE ADVOCACY DIVISION (§§ 23-4-301 — 23-4-307) › Section 23-4-303 - Creation

There is created within the Office of the Attorney General a Consumer Utilities Rate Advocacy Division.
Acts 1981 (Ex. Sess.), No. 39, § 3; A.S.A. 1947, § 73-217n.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 3 - CONSUMER UTILITIES RATE ADVOCACY DIVISION (§§ 23-4-301 — 23-4-307) › Section 23-4-304 - Director and staff

The Director of the Consumer Utilities Rate Advocacy Division shall hold the title of Deputy Attorney General and shall be appointed to the position by the Attorney General who may also appoint such assistants, professionals, and clerical staff as authorized by appropriation acts for the effective operation of the division.
Acts 1981 (Ex. Sess.), No. 39, § 3; A.S.A. 1947, § 73-217n.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 3 - CONSUMER UTILITIES RATE ADVOCACY DIVISION (§§ 23-4-301 — 23-4-307) › Section 23-4-305 - Powers and duties

The Consumer Utilities Rate Advocacy Division shall represent the state, its subdivisions, and all classes of Arkansas utility rate payers and shall have the following functions, powers, and duties:
(1)
To provide effective and aggressive representation for the people of Arkansas in hearings before the Arkansas Public Service Commission and other state and federal courts or agencies concerning utility-related matters;
(2)
To disseminate information to all classes of rate payers concerning pertinent energy-related concepts; and
(3)
To advocate the holding of utility rates to the lowest reasonable level.
Acts 1981 (Ex. Sess.), No. 39, § 4; A.S.A. 1947, § 73-217n.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 3 - CONSUMER UTILITIES RATE ADVOCACY DIVISION (§§ 23-4-301 — 23-4-307) › Section 23-4-306 - Intervention by others not precluded

The right of any party to intervene on any matter before the Arkansas Public Service Commission is by no means precluded by this subchapter.
Acts 1981 (Ex. Sess.), No. 39, § 4; A.S.A. 1947, § 73-217n.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 3 - CONSUMER UTILITIES RATE ADVOCACY DIVISION (§§ 23-4-301 — 23-4-307) › Section 23-4-307 - Records

The Attorney General shall designate an employee who is familiar with cost accounting methods to keep an accurate record of the costs of operation and maintenance of the Consumer Utilities Rate Advocacy Division within the Office of the Attorney General.
Acts 1981 (Ex. Sess.), No. 39, § 5; A.S.A. 1947, § 73-217n.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-401 - Notice of intention to file application

(a)
Every public utility shall notify the secretary of the Arkansas Public Service Commission in writing of its intention to file an application for a general change or modification in its rates and charges at least sixty (60) days but no earlier than ninety (90) days before the application is filed.
(b)
Failure to provide such notice or failure to comply with its terms shall be grounds for denial of the application. Such grounds may be waived by the Arkansas Public Service Commission when the public interest permits.
Acts 1981 (Ex. Sess.), No. 30, § 3; A.S.A. 1947, § 73-217.4.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-402 - Notice of proposed changes

(a)
Unless the Arkansas Public Service Commission otherwise orders, no public utility shall make any change in any rate duly established under this act except after thirty (30) days' notice to the commission. This notice shall plainly state the changes proposed to be made in the rates then in force and the time when the changed rates will go into effect.
(b)
The utility shall also give notice of the proposed changes to other interested parties as the commission in its discretion may direct.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-403 - Changes allowed without notice

The Arkansas Public Service Commission, for good cause shown, may allow changes in rates without requiring the thirty (30) days' notice under such conditions as it may prescribe. All allowed changes shall be immediately indicated upon its schedules by the public utility.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-404 - Proposed changes to be reflected in schedules

All proposed changes shall be shown by filing new schedules or shall be plainly indicated upon schedules filed and in force at the time and kept open to public inspection.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-405 - Investigation of proposed rates

Whenever there is filed with the Arkansas Public Service Commission by any public utility a schedule stating a new rate, the commission, upon reasonable notice, may enter upon any investigation, either upon complaint or upon its own motion, concerning the lawfulness of the rate.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-406 - Test periods to justify new rates

For the purpose of justifying the reasonableness of a proposed new rate schedule, a utility may utilize either a historical test period of twelve (12) consecutive calendar months or a forward-looking test period of twelve (12) consecutive calendar months consisting of six (6) months of actual historical data derived from the books and records of the utility and six (6) months of projected data which together shall be the period or test year upon which fair and reasonable rates shall be determined by the Arkansas Public Service Commission. However, the commission shall also permit adjustments to any test year so utilized to reflect the effects on an annualized basis of any and all changes in circumstances which may occur within twelve (12) months after the end of the test year where such changes are both reasonably known and measurable.
Acts 1981 (Ex. Sess.), No. 30, § 4; A.S.A. 1947, § 73-217.5.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-407 - Suspension of proposed rates

(a)
Pending its investigation and the decision thereon, the Arkansas Public Service Commission may suspend the operation of the rate by written order at any time before the new rate becomes effective. However, the suspension shall not be for a longer period than nine (9) months beyond the time when the rate would otherwise go into effect. Any order initially suspending the rate shall set a specific date for the commencement of a hearing inquiring into the rate requested unless waived by the applicant utility.
(b)
(1)
Provided, however, that the commission may suspend, for a time certain, the operation of the rate or rates for a longer period than nine (9) months beyond the time when such rate or rates would otherwise go into effect if the public utility which filed the rate or rates files a waiver in writing with the commission before the expiration of the previously ordered suspension period consenting to such an additional suspension. The commission may not suspend a rate or rates for any additional period greater than that consented to by the public utility.
(2)
The provisions of this subsection shall not apply to any telephone company or telephone cooperative which has fewer than ten thousand (10,000) access lines.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1; 1991, No. 1090, § 1.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-408 - Interim implementation of suspended rates

(a)
If the public utility contends that an immediate and impelling necessity exists for the requested rate increase, a petition may be filed with the Arkansas Public Service Commission narrating the alleged circumstances and requesting a hearing on the petition.
(b)
The hearing must commence within thirty (30) days from the date of the filing of the petition or at such subsequent time as may be mutually agreeable to the commission and the utility.
(c)
If the commission finds at the hearing that there is substantial merit to the allegation of the utility's claims, the commission may permit all or a portion of the rate to become effective if there is filed with the commission a bond to be approved by it, payable to the State of Arkansas in such amount and with such sufficient security to insure the prompt payment of any damages or refunds, with interest, to the persons entitled thereto if the rate so put into effect is finally determined to be excessive or if there is substituted for the bond other arrangements satisfactory to the commission for the protection of the parties interested.
(d)
The findings of the commission relative to the petition of the utility for the immediate and impelling necessity for relief shall be issued on or before the sixtieth day following the date of filing of the petition.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; 1985, No. 523, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
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 4 - REGULATION OF RATES AND CHARGES GENERALLY (§§ 23-4-101 — 23-4-1209) › Subchapter 4 - UTILITIES - RATE CHANGES AND SURCHARGES GENERALLY (§§ 23-4-401 — 23-4-422) › Section 23-4-409 - Rate increase not effective until final order

Unless the Arkansas Public Service Commission finds an immediate and impelling necessity exists as provided in §
23-4-408
, or fails to enter a timely order as provided in §
23-4-411
, no public utility shall place any rate increase into effect until a final decision and order is made by the commission.
Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; 1985, No. 523, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.