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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 3 - MERGER OR ACQUISITION OF CONTROL OF DOMESTIC PUBLIC UTILITIES (§§ 23-3-301 — 23-3-316) › Section 23-3-311 - Hearing - Notice - Determination

(a)
The public hearing referred to in §
23-3-310
shall be commenced within thirty (30) days after the statement required by §
23-3-306
is filed.
(b)
(1)
The place, date, and time for the public hearing shall be set by the Arkansas Public Service Commission, and notice of the hearing shall be given by the commission to the person filing the statement and to the domestic public utility at least twenty (20) days prior to the date of the public hearing.
(2)
Notice of the public hearing shall be given by the person filing the statement to such other persons and in such manner as may be directed by the commission at least fifteen (15) days prior to the public hearing.
(3)
(A)
Notice of the hearing, in a form to be specified by the commission, shall be mailed, or shall be given in such other manner as may be determined by the commission, by the domestic public utility to its customers within ten (10) business days after it has received notice of the hearing from the commission.
(B)
The expenses of preparation and mailing and giving of notice shall be borne by the person filing the statement required by §
23-3-306
. As security for the payment of expenses, the commission may require the person to file with the commission an acceptable bond or other deposit in an amount to be determined by the commission.
(c)
The public hearing shall be concluded within thirty (30) days after the commencement of the hearing.
(d)
The commission shall make a determination of the factors specified in §
23-3-310
within thirty (30) days after the conclusion of the hearing, and any merger or other acquisition of control within the purview of this subchapter shall be deemed approved unless the commission has, within thirty (30) days after the conclusion of the hearing, entered its order disapproving the merger or other acquisition of control.
Acts 1985, No. 343, §§ 5, 6; A.S.A. 1947, §§ 73-142.5, 73-142.6.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 3 - MERGER OR ACQUISITION OF CONTROL OF DOMESTIC PUBLIC UTILITIES (§§ 23-3-301 — 23-3-316) › Section 23-3-312 - Rehearing

Any party to a proceeding before the Arkansas Public Service Commission aggrieved by an order issued by the commission pursuant to this subchapter may apply for a rehearing pursuant to the provisions of §
23-2-422
.
Acts 1985, No. 343, § 12; A.S.A. 1947, § 73-142.12; Acts 1991, No. 810, § 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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 3 - MERGER OR ACQUISITION OF CONTROL OF DOMESTIC PUBLIC UTILITIES (§§ 23-3-301 — 23-3-316) › Section 23-3-313 - Judicial review

Any party to a proceeding before the Arkansas Public Service Commission aggrieved by an order issued by the commission in the proceeding may obtain a review of the order in the Court of Appeals pursuant to the provisions of §
23-2-423
.
Acts 1985, No. 343, § 12; A.S.A. 1947, § 73-142.12; Acts 1991, No. 810, § 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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 3 - MERGER OR ACQUISITION OF CONTROL OF DOMESTIC PUBLIC UTILITIES (§§ 23-3-301 — 23-3-316) › Section 23-3-314 - Stay of order pending review

(a)
The filing of an application for rehearing under §
23-3-312
shall not, unless specifically ordered by the Arkansas Public Service Commission, operate as a stay of the commission's order.
(b)
The commencement of proceedings under §
23-3-313
shall not, unless specifically ordered by the Court of Appeals, operate as a stay of the commission's order.
(c)
The Court of Appeals may enter an order suspending or staying the operation of an order of the commission pending review of the order provided the other parties are adequately secured against loss due to the delay in the enforcement of the order, in case the order involved is affirmed. The security shall take such form as shall be directed by the court.
Acts 1985, No. 343, § 12; A.S.A. 1947, § 73-142.12; Acts 1991, No. 810, § 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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 3 - MERGER OR ACQUISITION OF CONTROL OF DOMESTIC PUBLIC UTILITIES (§§ 23-3-301 — 23-3-316) › Section 23-3-315 - Jurisdiction over nonresidents - Service of process

(a)
The courts of this state are vested with jurisdiction over every person not resident, domiciled, or authorized to do business in this state who files or is required to file a notice or statement with the Arkansas Public Service Commission as required by §
23-3-306
and over all actions involving such persons, and over all other persons acting on behalf or at the discretion of that person, including, without limitation, national or regional stock exchanges or securities brokers, their agents, servants, employees, representatives, account executives, and similar persons, with respect to actions arising out of violations of this subchapter.
(b)
The commission shall be the agent for service of process for any such person, or other persons acting on behalf of that person, in any action, suit, or proceeding arising out of violations of this subchapter. Copies of all lawful process shall be served on the commission and transmitted by certified or registered mail, with return receipt requested, by the commission to any person subject to jurisdiction hereunder at his or her last known address.
Acts 1985, No. 343, § 8; A.S.A. 1947, § 73-142.8.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 3 - MERGER OR ACQUISITION OF CONTROL OF DOMESTIC PUBLIC UTILITIES (§§ 23-3-301 — 23-3-316) › Section 23-3-316 - Injunctions - Criminal proceedings

(a)
Whenever it shall appear to the Arkansas Public Service Commission, the Attorney General, or a domestic public utility which reasonably believes itself to be the object of a tender offer or attempt to obtain control as described in §
23-3-306
, that any person is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this subchapter, or of any rule or order thereunder, the commission, the Attorney General, or the domestic public utility may bring an action in Pulaski County Circuit Court to enjoin those acts or practices and to enforce compliance with this subchapter or any rule or order thereunder. Upon a proper showing being made, a temporary restraining order, preliminary injunction, or permanent injunction enjoining any such person and all others acting on behalf of or at the discretion of that person shall be granted without bond.
(b)
The commission, the Attorney General, and the domestic public utility shall transmit any evidence which may be available concerning those acts or practices or concerning apparent violations of this subchapter to the prosecuting attorney for Pulaski County who, in his or her discretion, may institute appropriate criminal proceedings.
Amended by Act 2019, No. 315,§ 2385, eff. 7/24/2019.
Acts 1985, No. 343, § 10; A.S.A. 1947, § 73-142.10.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 4 - ENERGY CONSERVATION ENDORSEMENT ACT OF 1977 (§§ 23-3-401 — 23-3-405) › Section 23-3-401 - Title

This subchapter shall be known and may be cited as the "Energy Conservation Endorsement Act of 1977".
Acts 1977, No. 748, § 1; A.S.A. 1947, § 73-2501.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 4 - ENERGY CONSERVATION ENDORSEMENT ACT OF 1977 (§§ 23-3-401 — 23-3-405) › Section 23-3-402 - Legislative findings

The General Assembly finds that the United States is confronted with a severe and very real energy crisis. Simply stated, the demand for fuels has outstripped the available supplies. The President of the United States has established energy conservation as a high-priority national goal and has called on all Americans to participate in and perhaps make sacrifices toward attaining that goal. The General Assembly recognizes that enormous amounts of energy are wasted by consumers of all classes and economic levels due to inadequate insulation of buildings and other inefficiencies in the use of energy. The overriding public interest in the conservation of natural gas and oil, as well as the use of alternative forms of energy, is indisputable.
Acts 1977, No. 748, § 2; A.S.A. 1947, § 73-2502.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 4 - ENERGY CONSERVATION ENDORSEMENT ACT OF 1977 (§§ 23-3-401 — 23-3-405) › Section 23-3-403 - Energy conservation programs and measures defined

As used in this subchapter, unless the context otherwise requires, "energy conservation programs and measures" may include, but shall not be limited to:
(1)
Programs of residential, commercial, or industrial insulation, including measures to facilitate the financing of such insulation;
(2)
Programs which result in the improvement of load factors, contribute to reductions in peak power demands, and promote efficient load management, including the adoption of interruptible service equipment and alternative or additional metering equipment designed to implement new rate structures; and
(3)
Programs which encourage the use of renewable energy technologies or sources, including solar energy, wind power, geothermal energy, biomass conversion, or the energy available from municipal, industrial, silvicultural, or agricultural wastes.
Acts 1977, No. 748, § 4; A.S.A. 1947, § 73-2504.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 4 - ENERGY CONSERVATION ENDORSEMENT ACT OF 1977 (§§ 23-3-401 — 23-3-405) › Section 23-3-404 - Conservation a proper utility function

It shall be considered a proper and essential function of public utilities regulated by the Arkansas Public Service Commission to engage in energy conservation programs, projects, and practices which conserve, as well as distribute, electrical energy and supplies of natural gas, oil, and other fuels.
Acts 1977, No. 748, § 3; A.S.A. 1947, § 73-2503.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 5 - NAVIGABLE WATER CROSSINGS (§§ 23-3-501 — 23-3-513) › Section 23-3-501 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Commission" means the Arkansas Public Service Commission or any other state agency which may succeed to its powers;
(2)
"Navigable water crossing" means:
(A)
The crossing of a navigable waterway by a public service facility; or
(B)
That portion of the public service facility which is extended over, under, or across a navigable waterway, whether such a crossing is effected by suspending the public service facility from any overhead structure or by laying the public service facility upon or under the bed of the navigable waterway;
(3)
"Navigable waterway" means any navigable river, lake, or other body of water used, or susceptible of being used in its natural condition as highways for commerce, located wholly or partly within this state;
(4)
"Public service facility" means any of the following:
(A)
Electric power line;
(B)
Pipeline for the transportation of water; or
(C)
Pipeline for the transportation of gas, petroleum, gasoline, fuel, or any other substance capable of being moved through a pipeline as a common carrier or as a noncarrier utility; and
(5)
"River crossing proprietor" means the owner, whether a person, a corporation, a company, a firm, partnership, or other association, that owns or proposes to construct a navigable water crossing.
Acts 1961, No. 188, § 1; A.S.A. 1947, § 73-2201.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 5 - NAVIGABLE WATER CROSSINGS (§§ 23-3-501 — 23-3-513) › Section 23-3-502 - Applicability of subchapter

Each section of this subchapter shall apply with full effect whether the river crossing proprietor, if incorporated, derives its charter from the laws of Arkansas or of any other state and regardless of whether its activities within this state are those of interstate or intrastate commerce and, in the case of pipelines, regardless of whether its activities in this state are those of a common carrier or noncarrier utility.
Acts 1961, No. 188, § 15; A.S.A. 1947, § 73-2215.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 5 - NAVIGABLE WATER CROSSINGS (§§ 23-3-501 — 23-3-513) › Section 23-3-503 - Commission's jurisdiction, power, and authority

(a)
The Arkansas Public Service Commission shall have jurisdiction over all navigable water crossings.
(b)
The commission shall have the power, authority, and responsibility, subject to the further provisions of this subchapter, to require that a navigable water crossing be constructed or operated in a manner consistent with the public safety and in such a manner as to cause no unlawful interference with some other paramount public or private use of the navigable waterway or its underlying bed at the point of the crossing.
(c)
The commission shall further have the power, authority, and responsibility to grant to each river crossing proprietor, from such title or ownership as the State of Arkansas holds in respect to the bed of navigable waterways, all rights required or needed by the river crossing proprietor for the purpose of constructing, operating, repairing, replacing, whether with the same or a different size, dimension, or specification, altering, maintaining, or removing its public service facility at the point of any navigable water crossing.
Acts 1961, No. 188, § 2; A.S.A. 1947, § 73-2202.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 5 - NAVIGABLE WATER CROSSINGS (§§ 23-3-501 — 23-3-513) › Section 23-3-504 - Petition regarding operation

Pursuant to the authority granted in this subchapter, the Arkansas Public Service Commission shall require any river crossing proprietor operating or proposing to operate a navigable water crossing to file a verified petition with the commission showing such data and specifications in relation thereto as the commission may reasonably prescribe. The petition may include the following:
(1)
The name of the river crossing proprietor and the nature of its organization and the nature of its business;
(2)
The river crossing proprietor's principal office and place of business;
(3)
A map, based upon a ground survey, showing the location of the public service facility at the point of the existing or proposed navigable water crossing, a drawing showing in some detail the specifications of the proposed crossing, and a profile plat showing, with respect to the mean surface level and the bed of the navigable waterway, the elevations of the existing or proposed public service facility;
(4)
A general description of the physical nature of the bed underlying the navigable waterway at the point of the existing or proposed navigable water crossing, if the crossing is to be constructed on the underlying bed;
(5)
A description of materials and the type of construction employed or to be employed in effecting the navigable water crossing;
(6)
The size, capacity, and purpose of the public service facilities at the point of the navigable water crossing, together with operating conditions and safety factors;
(7)
A showing of approval or permissive authorization of the existing or proposed navigable water crossing by the United States Secretary of Defense or the United States Secretary of the Army or other federal agency having jurisdiction to consent to erections in navigable waterways; and
(8)
A prayer that the legality of the existing or proposed navigable water crossing be recognized pursuant to this subchapter.
Acts 1961, No. 188, § 3; A.S.A. 1947, § 73-2203.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 5 - NAVIGABLE WATER CROSSINGS (§§ 23-3-501 — 23-3-513) › Section 23-3-505 - Hearings

(a)
Upon the filing of a petition under §
23-3-504
by a river crossing proprietor which proposes to construct and operate a navigable water crossing, the Arkansas Public Service Commission shall fix a date for hearing the petition.
(b)
Unless waived by the parties, the hearing shall be held in the offices of the commission or at such other place as the commission may designate.
Amended by Act 2015, No. 1000,§ 1, eff. 4/2/2015.
Acts 1961, No. 188, § 5; A.S.A. 1947, § 73-2205.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 5 - NAVIGABLE WATER CROSSINGS (§§ 23-3-501 — 23-3-513) › Section 23-3-506 - Objections to petition

Any person, corporation, company, municipal agency, state agency, or institution whose rights or interests may be affected by such a proposed navigable water crossing may file written objections to the granting of the prayer of the petition.
Acts 1961, No. 188, § 6; A.S.A. 1947, § 73-2206.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 5 - NAVIGABLE WATER CROSSINGS (§§ 23-3-501 — 23-3-513) › Section 23-3-507 - Grant of petition - Exceptions

(a)
Upon the hearing, if it appears that the United States Secretary of the Army, or such other federal agency as may have jurisdiction to consent to the construction of erections in navigable waterways, has approved or permissively authorized the proposed navigable water crossings, then the Arkansas Public Service Commission shall grant the prayer of the river crossing proprietor's petition unless the commission enters specific findings, based on a preponderance of the evidence, that:
(1)
The proposed navigable water crossing, if constructed and operated as proposed, will jeopardize the public safety; or
(2)
The construction of the proposed navigable water crossing at the point specified in the petition will result in an unlawful interference with some other paramount public or private use of the navigable waterway or its underlying bed at the point of the proposed crossing.
(b)
In the event the commission finds that the proposed navigable water crossing would jeopardize the public safety if constructed and operated as proposed, it may grant the prayer of the river crossing proprietor's petition subject to such alteration of the proposed plans, specifications, and construction methods as may be in the interest of the public safety.
Acts 1961, No. 188, § 7; A.S.A. 1947, § 73-2207.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 5 - NAVIGABLE WATER CROSSINGS (§§ 23-3-501 — 23-3-513) › Section 23-3-508 - Order granting rights - Effect

(a)
When a river crossing proprietor owning or operating one (1) or more navigable water crossings in this state files with the Arkansas Public Service Commission a petition conforming to the requirements of §
23-3-504
, the commission shall enter an order granting such rights to the navigable waterway and the bed thereof as will enable the river crossing proprietor to continue to own, operate, and maintain each navigable water crossing mentioned in the petition.
(b)
The grant shall constitute approval and recognition of the legality of the navigable water crossing. However, the approval of a navigable water crossing by the commission shall not relieve the river crossing proprietor of its duty in the subsequent operation of the navigable water crossing to observe such reasonable safety precautions as may prevent conditions jeopardizing the public safety.
Acts 1961, No. 188, § 4; A.S.A. 1947, § 73-2204.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 5 - NAVIGABLE WATER CROSSINGS (§§ 23-3-501 — 23-3-513) › Section 23-3-509 - Characteristics of rights granted

Rights in respect to the crossing of navigable waterways granted pursuant to the provisions of this subchapter shall be perpetual and shall inure to the benefit of the river crossing proprietor, its successors, mortgagees, and assigns. However, this subchapter shall not destroy, impair, repeal, or amend any right of eminent domain or reversion inuring either to the state or the river crossing proprietor under the laws of the State of Arkansas or of the United States.
Acts 1961, No. 188, § 8; A.S.A. 1947, § 73-2208.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 5 - NAVIGABLE WATER CROSSINGS (§§ 23-3-501 — 23-3-513) › Section 23-3-510 - Costs and expenses of proceedings - Damages

The Arkansas Public Service Commission shall require the applicant to pay all costs and expenses of a proceeding under this subchapter.
Acts 1961, No. 188, § 9; A.S.A. 1947, § 73-2209; Acts 1993, No. 344, § 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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 5 - NAVIGABLE WATER CROSSINGS (§§ 23-3-501 — 23-3-513) › Section 23-3-511 - Review by circuit court

(a)
Any party to a proceeding conducted pursuant to this subchapter before the Arkansas Public Service Commission, within twenty (20) days after a final order is made, may file a petition with the Pulaski County Circuit Court against the commission for the purpose of having the lawfulness of its final decision inquired into and determined.
(b)
Every such petition to review shall state briefly the nature of the proceeding before the commission and shall set forth the order or decision complained of and the ground upon which the order or decision is claimed to be unlawful.
(c)
Upon the filing of a petition to review, the clerk of the circuit court shall mail a notice of the filing of the petition and a copy of the petition to the commission by certified or registered mail. In the alternative, the clerk may cause the notice and a copy of the petition to be served upon either the secretary or chair of the Arkansas Public Service Commission by the Pulaski County Sheriff or his or her deputy.
(d)
Thereupon, the commission, within thirty (30) days from the mailing or service of the notice shall answer the petition and certify to the court a complete transcript of the record in the case made before the commission, which shall include a copy of all pleadings, proceedings, testimony, exhibits, orders, findings, and opinions in the case. However, the parties and the commission may stipulate that a specified portion only of the record as made before the commission shall be included in the transcript to be filed with the court.
(e)
(1)
No new or additional evidence shall be introduced in the court in which such a review is sought, but every case shall be determined upon the transcript of the record made before the commission as certified to by it.
(2)
All evidence before the commission shall be considered by the court regardless of any technical rule which might have rendered the evidence inadmissible if originally offered in the trial of any action at law or in equity.
(f)
Upon hearing, the court may dismiss the petition to review or vacate the order complained of in whole or in part, as the case may be. In case the order is wholly or partially vacated, the court may also in its discretion remand the matter to the commission for further procedure not inconsistent with the judgment of the court as, in the opinion of the court, justice may require.
(g)
The review shall not be extended further than to determine whether the commission has regularly pursued its authority, including a determination of whether the order or decision under review violated any right of the complainant under the United States Constitution or the Arkansas Constitution.
Acts 1961, No. 188, §§ 10-13; A.S.A. 1947, §§ 73-2210 -- 73-2213.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 5 - NAVIGABLE WATER CROSSINGS (§§ 23-3-501 — 23-3-513) › Section 23-3-512 - Appeal to Supreme Court

(a)
The Arkansas Public Service Commission, the river crossing proprietor, or any other party to an action in the circuit court to review the order of the commission, within thirty (30) days after the entry of the final judgment of the circuit court, may appeal to the Supreme Court.
(b)
All such appeals will be advanced on the docket of the Supreme Court as matters of public interest.
Amended by Act 2013, No. 1144,§ 2, eff. 8/16/2013.
Acts 1961, No. 188, § 14; A.S.A. 1947, § 73-2214.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 5 - NAVIGABLE WATER CROSSINGS (§§ 23-3-501 — 23-3-513) › Section 23-3-513 - Replacement of navigable water crossing

(a)
In each instance where a river crossing proprietor may desire to replace a navigable water crossing, it shall file with the Arkansas Public Service Commission a proper petition pursuant to §
23-3-504
.
(b)
(1)
Proceedings upon the petition shall be conducted under §§
23-3-506
,
23-3-507
, and
23-3-510
, subject to appeal as provided in §§
23-3-511
and
23-3-512
.
(2)
In such a proceeding, however, the jurisdiction of the commission will be limited to a determination of whether the construction methods to be employed in replacing the navigable water crossing will jeopardize the public safety, and the river crossing proprietor's right to replace a navigable water crossing may be denied only on that ground.
Acts 1961, No. 188, § 16; A.S.A. 1947, § 73-2216.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 6 - GAS UTILITIES - EXTENSION PROJECTS (§§ 23-3-601 — 23-3-607) › Section 23-3-601 - Purpose - Petition for certificate

(a)
The General Assembly finds that the proportion of the state's population that is without access to service by a gas utility exceeds the proportion of the population that is without access to telephone or electric utility service. Therefore, the General Assembly declares it to be the intent and purpose of this subchapter to increase only the availability of natural gas through the procedures provided in this subchapter and not to make the procedures available to electric or telephone utilities.
(b)
A gas utility may at any time petition the Arkansas Public Service Commission for a certificate of extension project. By its petition, the gas utility requests commission authorization to commence an extension project, to expend funds on the extension project, and to concurrently seek commission approval of changes in rates and surcharges sufficient to recover, at the time the plant goes into service, the excess expenditures arising out of the extension projects that have been granted certificates. A petition for a certificate shall provide information about the proposed extension project, including without limitation the following:
(1)
An estimate of the cost of the extension project broken down into at least labor, materials, and overhead;
(2)
A schedule of estimated completion dates;
(3)
A brief description of the physical nature of the facilities, including pipe diameter and length of the extension in feet or miles;
(4)
Estimated sales volumes, estimated number and types of customers, growth rates, and expected revenues;
(5)
A calculation showing the amount of excess expenditures the gas utility expects to incur;
(6)
A detailed description of the economic benefit to the gas utility and the gas utility's existing ratepayers; and
(7)
An estimate of:
(A)
The surcharge for each class of customer consistent with the most recent determination by the commission in its order addressing the gas utility's most recent application for a general change or modification in its rates and charges; or
(B)
The increase in rates for each class of customer if the investment is to be recovered by the gas utility under a formula rate review mechanism pursuant to the Formula Rate Review Act, §
23-4-1201
et seq.
Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017.
Acts 1987, No. 150, § 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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 6 - GAS UTILITIES - EXTENSION PROJECTS (§§ 23-3-601 — 23-3-607) › Section 23-3-602 - Definitions

As used in this subchapter:
(1)
"Certificate of extension project" or "certificate" means the Arkansas Public Service Commission order authorizing a gas utility seeking the order to undertake an extension project. The certificate shall be issued contemporaneously with the commission order approving the imposition of rates and surcharges sufficient to recover the excess expenditures arising out of those extension projects that have been granted certificates and completed pursuant to this subchapter;
(2)
"Commission" means the Arkansas Public Service Commission;
(3)
"Excess expenditures" means the difference between:
(A)
Expenditures made by a gas utility for extensions of service to areas not served by a gas utility;
(B)
The sum of the investment allowable under a gas utility's extension policy, plus amounts, if any initially available from other applicable sources, which include without limitation funds from:
(i)
The Arkansas Economic Development Council or its successor;
(ii)
Industrial development bonds, municipal bonds, city bonds, or improvement district bonds;
(iii)
Special funds which may be created by particular commission orders for individual gas utilities in rate cases or other proceedings; and
(iv)
Customer-provided contributions in aid of construction;
(4)
"Extension project" means any extension proposed by a gas utility that is intended to serve areas of Arkansas not served by any gas utility or within the range of the extension policy of any gas utility, which will result in excess expenditures if constructed, and for which the gas utility seeks authorization from the commission to begin, together with the authorization to change its rates and surcharges to recover the excess expenditures as provided in this subchapter;
(5)
"Gas utility" means any natural gas public utility jurisdictional to the commission; and
(6)
(A)
"Surcharge" means a charge that the commission may authorize a gas utility to impose on its customers to recover, at the time the gas utility plant goes into service, the excess expenditures arising out of the extension projects that have been granted certificates.
(B)
The amount of the surcharge to be added to the gas utility's rate under subdivision (6)(A) of this section shall be calculated under traditional cost-of-service principles so as to produce the annual revenues equal to the additional annualized revenue requirement to which the gas utility would be entitled had the excess expenditures been included in the gas utility's most recent rate determination by the commission.
Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017.
Acts 1987, No. 150, § 1; 1997, No. 540, § 45.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 6 - GAS UTILITIES - EXTENSION PROJECTS (§§ 23-3-601 — 23-3-607) › Section 23-3-603 - Grant of certificate generally

(a)
The Arkansas Public Service Commission shall grant a certificate if it finds that the proposed extension project is of economic benefit to the gas utility and its existing ratepayers and is in the public interest.
(b)
Once the certificate has been granted by the commission, including the approval of the amount and allocation of rates and surcharges, the gas utility may begin construction and may expend funds on the extension project that has been granted a certificate.
Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017.
Acts 1987, No. 150, § 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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 6 - GAS UTILITIES - EXTENSION PROJECTS (§§ 23-3-601 — 23-3-607) › Section 23-3-604 - Rates and tariffs

(a)
(1)
Once an extension project that has been granted a certificate is placed into service and is used and useful, the gas utility may collect the excess expenditures through a rate or surcharge approved by the Arkansas Public Service Commission. The tariff and rate filing made at the time of the certificate application shall include estimated excess expenditures upon which the commission may grant the certificate.
(2)
The commission may subsequently modify the previously approved rates in any reasonable manner if the actual total costs and excess expenditures differ significantly from the estimated total costs and excess expenditures.
(3)
If the actual total costs and excess expenditures significantly exceed the estimated costs and excess expenditures and the difference is caused by imprudence or other unsatisfactory causes, the commission may disallow recovery of a portion of the actual excess expenditures in the approved rates.
(b)
The rate or surcharge implemented under this section remains effective until the implementation of new rate schedules in connection with the next general rate filing of the gas utility wherein such extension project investments can be included in the gas utility's base rate schedules.
(c)
The rate or surcharge for each class of customer shall be determined consistent with the most recent determination by the commission in its order addressing the gas utility's most recent application for a general change or modification in its rates and charges.
Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017.
Acts 1987, No. 150, § 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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 6 - GAS UTILITIES - EXTENSION PROJECTS (§§ 23-3-601 — 23-3-607) › Section 23-3-606 - Petitions not considered rate applications

Petitions for a certificate under this subchapter are not general rate applications.
Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017.
Acts 1987, No. 150, § 6.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 6 - GAS UTILITIES - EXTENSION PROJECTS (§§ 23-3-601 — 23-3-607) › Section 23-3-607 - Denial of certificate

Denial of a certificate under this subchapter does not preclude recovery of the cost of excess expenditures under rates or surcharges, or both, approved pursuant to a gas utility's general rate case or other proceeding in which the Arkansas Public Service Commission finds recovery of the cost of excess expenditures through rates or surcharges appropriate.
Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017.
Acts 1987, No. 150, § 7.
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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 7 - AVOIDED COSTS (§§ 23-3-701 — 23-3-705) › Section 23-3-701 - Legislative determination

(a)
It is declared to be the policy of this state that while the development of qualifying cogeneration and small power production facilities should be encouraged, electric utilities should not be required to purchase power from the facilities at excessive rates which would result in an increase in the cost of providing electrical service to customers of the electric utility.
(b)
In furtherance of this declared policy, it is recognized that the Arkansas Public Service Commission has adopted cogeneraton rules and it shall continue to provide for electric utilities to purchase electric energy or capacity from qualifying facilities at rates which are just and reasonable to the electric consumer of the electric utility, which do not increase the cost of providing electrical service to customers of the electric utility, are in the public interest, which do not discriminate against qualifying facilities, and which do not exceed avoided costs.
Acts 1987, No. 796, § 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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 7 - AVOIDED COSTS (§§ 23-3-701 — 23-3-705) › Section 23-3-702 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Avoided costs" means the costs to an electric utility of electric energy or capacity, or both, that, but for the purchase from the qualifying facility or qualifying facilities, the utility would generate itself or purchase from another source;
(2)
"Commission" means the Arkansas Public Service Commission;
(3)
"Purchase" means the purchase of electric energy or capacity, or both, from a qualifying facility by an electric utility;
(4)
"Qualifying facility" means a cogeneration facility or a small power production facility which has obtained qualifying status under the cogeneration rules adopted by the Arkansas Public Service Commission pursuant to the Public Utility Regulatory Policies Act of 1978 and the rules and regulations of the Federal Energy Regulatory Commission promulgated under that act; and
(5)
"Rate" means any price, rate, charge, or classification made, demanded, observed, or received with respect to the sale or purchase of electric energy or capacity or any rule, regulation, or practice respecting any rate, charge, or classification and any contract pertaining to the sale or purchase of electric energy or capacity.
Acts 1987, No. 796, § 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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 7 - AVOIDED COSTS (§§ 23-3-701 — 23-3-705) › Section 23-3-703 - Establishment of rates

The Arkansas Public Service Commission shall establish rates to be paid by an electric utility to qualifying cogeneration and small power production facilities which do not, over the term of the purchased power contract, exceed avoided costs and are based upon the preponderance of evidence in the record before the commission. However, rates established for purchases from qualifying facilities whose construction commenced earlier than November 9, 1978, may be ten percent (10%) less than avoided costs.
Acts 1987, No. 796, § 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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 7 - AVOIDED COSTS (§§ 23-3-701 — 23-3-705) › Section 23-3-704 - Basis of rate determination - Waiver of avoided cost standard

(a)
A determination of the avoided energy cost rate or rates for the electric utility shall be based on the electric utility's estimated avoided costs of producing or purchasing electrical energy during the time period of the purchase of electrical energy from the qualifying facility. It shall not be based upon the production or purchase of electrical energy at any time other than during the time period of the purchasing of electrical energy from the qualifying facility. A determination of the avoided capacity cost rate or rates for the electric utility shall be based at the electric utility's cost of capacity additions or purchases avoided during the time period of the purchase of electrical capacity from the qualifying facility. It shall not be based upon the purchase of electrical capacity at any time other than during the time period of the purchase of electrical capacity from the qualifying facility.
(b)
(1)
In the event the Arkansas Public Service Commission finds and determines that the avoided cost rate is not necessary to encourage the appropriate amount of construction of qualifying facilities and that a rate less than the avoided cost rate is just and reasonable to the electric consumer of the electric utility, is in the public interest, and will not discriminate against qualifying facilities, the Arkansas Public Service Commission shall take all reasonable and appropriate steps to obtain a waiver of the avoided cost standard from the Federal Energy Regulatory Commission or any successor agency.
(2)
In addition, a determination of the avoided cost rate or rates for energy or capacity purchased by an electric utility shall:
(A)
Be just and reasonable to the electric consumer of the electric utility and in the public interest; and
(B)
Not discriminate against qualifying cogeneration and small power production facilities.
(c)
Nothing in this subsection requires any electric utility to pay more than the avoided costs for purchases.
Acts 1987, No. 796, §§ 4, 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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 7 - AVOIDED COSTS (§§ 23-3-701 — 23-3-705) › Section 23-3-705 - Lower contract rates permitted

Nothing in this subchapter shall prohibit an electric utility and a qualifying facility from negotiating a contract rate lower than the avoided cost rate established by the Arkansas Public Service Commission for the electric utility.
Acts 1987, No. 796, § 6.