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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-426 - Amendment or rescission of commission's decisions

(a)
The commission may at any time, and from time to time, after notice, and after opportunity to be heard as provided in the case of complaints, rescind or amend by order any decision made by it.
(b)
Any order rescinding or amending a prior order or decision, when served upon the public utility affected and the other parties to the proceedings, shall have the same force and effect as is provided in this act for original orders or decisions. However, no such order shall affect the legality or validity of any acts done by the public utility or others before service upon it or them of the notice of the change.
Acts 1935, No. 324, § 31; Pope's Dig., § 2094; A.S.A. 1947, § 73-230.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-427 - Orders, rules, etc., of department not controverted in actions between private person and railroad company

In all actions between private parties and railroad companies brought under Acts 1899, No. 53, the rates, charges, orders, rules, regulations, and classifications prescribed by the Arkansas Department of Transportation before the institution of the action shall be held, deemed, and accepted to be reasonable, fair, and just, and in such respects shall not be controverted therein.
Amended by Act 2017, No. 707,§ 104, eff. 8/1/2017.
Acts 1901, No. 24, § 1, p. 53; C. & M. Dig., § 858; Pope's Dig., § 1062; A.S.A. 1947, § 73-137.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-428 - Costs of actions

(a)
The commission shall not be required in any suits brought by it under the terms of this act to advance or make deposits to cover costs of such suits, nor shall it be required to give bond for such costs, or indemnity, stay, injunction, or other mesne process.
(b)
In all cases of contest before the commission, the unsuccessful party shall be taxed with the costs unless otherwise ordered by the board of commissioners.
Acts 1899, No. 119, § 5, p. 194; C. & M. Dig., § 1697; Acts 1935, No. 324, § 38; Pope's Dig., §§ 1999, 2101; A.S.A. 1947, §§ 73-132, 73-237.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-429 - Investigation, inquiry, or hearing by commissioner or examiner

(a)
Any investigation, inquiry, or hearing which the commission has power to undertake or hold may be undertaken or held by or before any commissioners or examiners designated for that purpose by the commission.
(b)
The evidence in any investigation, inquiry, or hearing may be taken by any commissioner, or commissioners, or examiners to whom the investigation, inquiry, or hearing has been assigned.
(c)
Every finding, opinion, and order made by a commissioner, or commissioners, or examiners, when approved or confirmed by the commission, shall be the finding, opinion, and order of the commission.
Acts 1935, No. 324, § 7; Pope's Dig., § 2070; A.S.A. 1947, § 73-128.
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 2 - REGULATORY COMMISSIONS (§§ 23-2-101 — 23-2-430) › Subchapter 4 - PROCEDURE BEFORE COMMISSIONS (§§ 23-2-401 — 23-2-430) › Section 23-2-430 - Effect of repeal of section 23-2-404

The repeal of §
23-2-404
by Acts 1997, No. 1311, shall not be construed as depriving or expanding the current authority of the Attorney General to represent and bring complaints on behalf of customers of utilities in Arkansas.
Acts 1997, No. 1311, § 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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-101 - Organization or reorganization

(a)
Organizations or reorganizations of all public utilities shall be subject to the supervision and control of the Arkansas Public Service Commission or the Arkansas Department of Transportation.
(b)
(1)
No organization or reorganization shall be had or given effect without the written approval of the commission or the department.
(2)
No plan of organization or reorganization shall be approved by the commission or the department unless it shall be established by the applicant for approval that the plan is consistent with the public interest.
Amended by Act 2017, No. 707,§ 105, eff. 8/1/2017.
Acts 1935, No. 324, § 56; Pope's Dig., § 2116; A.S.A. 1947, § 73-252.
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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-103 - Stocks, bonds, notes, etc., and creation of liens - Regulation by commissions

(a)
(1)
The power of public utilities to issue stocks, stock certificates, bonds, notes, and other evidences of indebtedness in case of public utilities incorporated under the laws of this state and to create liens on property in this state in case of public utilities incorporated under the laws of any state or foreign country is a special privilege, the right of supervision, regulation, restriction, and control of which is, and shall continue to be, vested in the state.
(2)
The power of public utilities described in subdivision (a)(1) of this section shall be exercised as provided by law and under such rules as the Arkansas Public Service Commission may prescribe.
(b)
In instances where the public utility is also a regional transmission organization that is jurisdictional to the Federal Energy Regulatory Commission and the debt is authorized by the Federal Energy Regulatory Commission and does not create a lien on property in this state, no commission authorization is required.
Amended by Act 2019, No. 315,§ 2378, eff. 7/24/2019.
Amended by Act 2015, No. 899,§ 1, eff. 7/22/2015.
Acts 1935, No. 324, § 58; Pope's Dig., § 2118; A.S.A. 1947, § 73-254.
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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-104 - Stocks, bonds, notes, etc. - Issuance

(a)
(1)
When authorized by order of the commission, and not otherwise, a public utility may issue stock, bonds, notes, or other evidence of indebtedness payable at periods of more than thirty-six (36) months after the date of issuance when necessary for:
(A)
The acquisition of property, the construction, extension, or improvement of its facilities, or the improvement of its service;
(B)
The discharge or lawful refunding of its obligations, or reimbursement of moneys actually expended from the income from any source; or
(C)
Any of such purposes.
(2)
The order of the commission shall fix the maximum amount of any such issue and the purposes to which it or any proceeds up to the stated maximum amount are to be applied.
(3)
No public utility shall apply any such issue or its proceeds to any purpose not specified in the order without the consent of the commission.
(b)
The public utility may issue notes for proper corporate purposes and not in violation of any provision of law, payable at periods of not more than thirty-six (36) months, without the consent of the commission. However, no such note, in whole or in part, shall be refunded by any issue of stock or bonds or by any evidence of indebtedness with a maturity date later than thirty-six (36) months from the date of issue without the consent of the commission.
(c)
All securities issued without the approval of the commission shall be void.
(d)
In instances where the public utility is a regional transmission organization that is jurisdictional to the Federal Energy Regulatory Commission and the debt is authorized by the Federal Energy Regulatory Commission and does not create a lien on property in this state, no commission authorization is required.
Amended by Act 2015, No. 899,§ 2, eff. 7/22/2015.
Acts 1935, No. 324, § 59; Pope's Dig., § 2119; Acts 1973, No. 410, § 1; 1981, No. 709, § 1; A.S.A. 1947, § 73-255.
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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-105 - Stocks, bonds, notes, etc. - Amount of issue

The commission shall have no power to authorize the issuance of stocks, notes, bonds, or other evidence of indebtedness of any public utility in an aggregate amount at any time exceeding the fair value of the properties of the issuer and the reasonable cost of the issuance and sale of the issues.
Acts 1935, No. 324, § 59; Pope's Dig., § 2119; Acts 1973, No. 410, § 1; 1981, No. 709, § 1; A.S.A. 1947, § 73-255.
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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-106 - Stocks, bonds, notes, etc. - Disposition of proceeds

The commission shall have the power to require every public utility, other than municipalities, to account for the disposition of the proceeds of all sales of stocks, bonds, notes, or other evidence of indebtedness, in such form and detail as it may deem advisable. Also, the commission shall have the power to establish such rules as it may deem necessary to insure the disposition of the proceeds for the purpose specified in its order.
Amended by Act 2019, No. 315,§ 2379, eff. 7/24/2019.
Acts 1935, No. 324, § 59; Pope's Dig., § 2119; Acts 1973, No. 410, § 1; 1981, No. 709, § 1; A.S.A. 1947, § 73-255.
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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-107 - Stocks, bonds, notes, etc. - Liability of state

No provision of this act and no deed or act done or performed under or in connection therewith shall be construed to obligate the State of Arkansas to pay or guarantee, in any manner whatsoever, any stock, bond, note, or other evidence of indebtedness authorized, issued, or executed under the provisions of this act.
Acts 1935, No. 324, § 59; Pope's Dig., § 2119; Acts 1973, No. 410, § 1; 1981, No. 709, § 1; A.S.A. 1947, § 73-255.
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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-108 - Domestication of foreign railroad, pipeline, or electric light and power corporations

(a)
(1)
Before any foreign railroad corporation, foreign pipeline corporation, or foreign light and power corporation organized for the purpose of generating, transmitting, distributing, or supplying electricity to or for the public for compensation or for public use shall be permitted to avail itself of the benefits of this section and §§
23-11-302
,
23-11-401
,
23-11-402
, and
23-11-404
, or any part thereof, the corporation shall file with the Secretary of State a certified copy of its articles of incorporation or articles of organization, if incorporated or organized under a general law of the state or territory, or a certified copy of the statute laws of the state or territory incorporating or organizing the company where the charter of the railroad, pipeline, or light and power corporation was granted by special statute of the state.
(2)
Upon the filing of its articles of incorporation, articles of organization, or its charter and payment of the fees prescribed by law for railroad, pipeline, or light and power charters, the railroad, pipeline, or light and power company, for all intents and purposes, shall become a railroad, pipeline, or light and power corporation of this state, subject to all the laws of this state, the same as if it were formally incorporated or organized in this state, anything in its articles of incorporation, articles of organization, or charter to the contrary notwithstanding.
(3)
Such acts on the part of the corporation shall be conclusive evidence of the intent of the corporation to create and become a domestic corporation.
(b)
In all suits or proceedings instituted against any domesticated corporation, process may be served upon the agent of the corporation in this state in the same manner that process is authorized by law to be served upon the agents of railroad, pipeline, or light and power corporations organized and existing under the laws of this state.
Acts 1889, No. 34, § 2, p. 43; C. & M. Dig., § 8424; Acts 1925, No. 254, § 1; Pope's Dig., § 10998; Acts 1965, No. 11, § 1; A.S.A. 1947, § 73-427; Acts 2001, No. 1291, § 11.
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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-109 - Annual statements of gross earnings

(a)
Annually, during the month of March, each utility subject by law to the payment of fees or charges under the jurisdiction of either the Arkansas Public Service Commission or the Arkansas Department of Transportation shall prepare and transmit to the Arkansas Public Service Commission or the department having jurisdiction over the utility a certified statement of the gross earnings from its properties in Arkansas for the preceding calendar year ending December 31.
(b)
No deduction shall be made from the gross earnings on account of any payments, expenses, or uncollectible accounts, except refunds occasioned by errors or overcharge.
(c)
Upon receipt of these certified statements, the commission or the department shall determine the total gross earnings of all of the utilities.
(d)
However, any utility may deduct from its gross earnings any amounts derived from wholesale sales of electricity to any other utility, an electric cooperative corporation, or any other entity at wholesale rates regulated by the Arkansas Public Service Commission or the Federal Energy Regulatory Commission.
Amended by Act 2017, No. 707,§ 106, eff. 8/1/2017.
Acts 1945, No. 40, § 3; 1949, No. 262, § 7; A.S.A. 1947, § 73-248; Acts 1987, No. 831, § 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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-110 - Annual fees generally

(a)
(1)
There is levied and charged and there shall be collected annually from each utility subject by law to the payment of fees or charges under the jurisdiction of either the Arkansas Public Service Commission or the Arkansas Department of Transportation a fee in an amount equivalent to that proportion of the total utilities costs that the gross earnings of each of the utilities bear to the total gross earnings of all utilities.
(2)
However, the fee to be collected annually from each of the utilities shall not exceed, in any year, an amount exceeding two-fifths of one percent (2/5 of 1%) of the gross earnings of each respective utility.
(3)
In determining the amount of any fee for any individual utility pursuant to this subsection, the amount of gross earnings subject to the levy shall be reduced by any amounts derived from the sale of electricity to any other utility, an electric cooperative corporation, or any other entity at wholesale rates regulated by the Arkansas Public Service Commission or the Federal Energy Regulatory Commission.
(b)
(1)
After determining the amount of the fee due to be paid by each of the utilities, the commission or the department having jurisdiction shall, annually on or before August 15, prepare and transmit to each of the utilities a statement of the fees due for utilities costs during the preceding fiscal year.
(2)
Thereafter, on or before August 31, each of the utilities shall pay to the secretary of the commission or the department having jurisdiction all fees shown to be due by the statements.
(c)
On receipt of the fees and charges, the secretary shall pay them into the State Treasury, and the amounts so received by the Treasurer of State shall be credited by him or her to the General Revenue Fund Account of the State Apportionment Fund.
(d)
In the event any utility fails or refuses to pay the fees provided for in this section on or before August 31, the commission or the department having jurisdiction shall add to the fee a penalty of twenty-five percent (25%) thereof and certify the amount of the delinquent tax and penalty to the Attorney General for collection.
Amended by Act 2017, No. 707,§ 107, eff. 8/1/2017.
Acts 1945, No. 40, § 3; A.S.A. 1947, §§ 73-249, 73-250; Acts 1987, No. 831, § 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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-111 - Fees - Foreign companies doing intrastate business

(a)
All foreign railroad, street, interurban, or other transportation companies now doing intrastate business, or desiring to engage in intrastate business, or authorized to engage in intrastate business, before being permitted to continue to do intrastate business or authorized to engage in intrastate business, shall pay the same fees as are required of like domestic corporations.
(b)
(1)
Every foreign express company, sleeping car company, and private car company doing intrastate business or seeking to do intrastate business in Arkansas, before being permitted to continue to do intrastate business or authorized to engage in intrastate business, shall pay one dollar ($1.00) for every mile of railroad over which the corporation does, or proposes to do, intrastate business in this state.
(2)
If any such corporation operates over more miles of railroad in the transaction of its business after the payment of the first fee, it shall pay an additional fee at the same rate provided by subdivision (b)(1) of this section.
Acts 1911, No. 87, §§ 7, 9; C. & M. Dig., §§ 1808, 1810; A.S.A. 1947, §§ 73-425, 73-426.
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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-112 - Forms sent to utilities to be filled out and returned

(a)
Any public utility receiving from the commission any blanks with directions to fill the blanks shall cause the blanks to be properly filled out so as to answer fully, specifically, and correctly every question therein propounded.
(b)
(1)
Answers shall be verified under oath by the president, secretary, superintendent, or general manager of the public utility and returned to the commission at its office within a reasonable time, or within the period fixed by the commission.
(2)
In case the public utility is unable to answer any questions, it shall give a good and sufficient reason for such a failure.
Acts 1935, No. 324, § 55; Pope's Dig., § 2115; A.S.A. 1947, § 73-251.
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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-113 - Adequate service, facilities, etc., to be provided

(a)
Every public utility shall furnish, provide, and maintain such adequate and efficient service, instrumentalities, equipment, and facilities as shall promote the safety, health, comfort, requirements, and convenience of its patrons, employees, and the public.
(b)
Every person, firm, or corporation engaged in a public service business in this state shall establish and maintain adequate and suitable facilities, safety appliances, or other suitable devices and shall perform such service in respect thereto as shall be reasonable, safe, and sufficient for the security and convenience of the public and the safety and comfort of its employees, and, in all respects, just and fair, and without any unjust discrimination or preference.
Acts 1919, No. 571, § 6; C. & M. Dig., § 1611; Acts 1921, No. 124, § 4; 1935, No. 324, § 10; Pope's Dig., §§ 2003, 2073; A.S.A. 1947, §§ 73-116, 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 3 - REGULATION OF UTILITIES AND CARRIERS GENERALLY (§§ 23-3-101 — 23-3-705) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-114 - Unreasonable preferences prohibited

(a)
(1)
As to rates or services, no public utility shall make or grant any unreasonable preference or advantage to any corporation or person or subject any corporation or person to any unreasonable prejudice or disadvantage.
(2)
No public utility shall establish or maintain any unreasonable difference as to rates or services, either as between localities or as between classes of service.
(b)
The commission, in the exercise of its jurisdiction granted by this act, may fix uniform rates applicable throughout the territory served by any public utility whenever in its judgment public interest requires such uniform rates.
(c)
The commission may determine any question or fact arising under this section.
Acts 1935, No. 324, § 13; Pope's Dig., § 2076; A.S.A. 1947, § 73-207.
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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-115 - Wires transmitting electricity or messages over public or private ways

Every public utility which owns, operates, manages, or controls along or across any public or private way any wires over which electricity or messages are transmitted shall construct, operate, and maintain the wires and the equipment used in connection therewith in a reasonably adequate and safe manner and so as not to unreasonably interfere with the service furnished by other public utilities.
Acts 1935, No. 324, § 50; A.S.A. 1947, § 73-267.
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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-116 - Power, water, gas, or electricity - Violation of municipal franchise - Penalties - Damages

(a)
(1)
Whenever a person, company, or corporation which has secured a franchise from any municipality in this state to furnish power, water, gas, or electricity to the municipality and to consumers thereof, fails or refuses to keep, erect, or use due diligence to maintain reasonably adequate facilities or instrumentalities to enable it to carry out its contractual obligations with the municipality and the consumers therein, and negligently or willfully fails or refuses to furnish an adequate supply of the utility it has contracted and agreed to furnish and provide, then, and in every such case, the person, company, or corporation so failing or refusing shall be subject to a penalty of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each day the negligent or willful failure or refusal continues to exist. Each day shall constitute a separate offense.
(2)
The penalty shall be recovered by the city attorney of any municipality in a suit instituted by him or her, or by the prosecuting attorney filing information in behalf of the state for the use and benefit of the municipality affected, in a court of competent jurisdiction, from any such utility because of the negligent or willful failure or refusal of such a person, company, or corporation to furnish an adequate supply of the utility as provided by its contract.
(b)
Any person or consumer of the utility having a contract with the utility for service, upon the failure or refusal of the utility, shall have the right to institute a suit in his or her own behalf in a court of competent jurisdiction and recover compensatory damages for the failure or refusal in whatsoever amount the proof may show he or she has been damaged.
(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 that is furnished by manufacturing establishments not solely engaged in the manufacture of electric current for lighting and other purposes.
Acts 1919, No. 264, § 1; C. & M. Dig., § 7549; Pope's Dig., § 9623; A.S.A. 1947, § 73-213.
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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-118 - Rates, charges, or service - Investigations

(a)
Whenever the commission believes that any rate or charge may be unreasonable or unjustly discriminatory, that any service is inadequate, or that an investigation of any matter relating to any public utility should for any reason be made, it may on its own motion and with or without notice, make a preliminary investigation.
(b)
If, after making the preliminary investigation, the commission believes that sufficient grounds exist to justify a formal investigation of and hearing on the matters preliminarily investigated, it shall make an order to that effect.
(c)
Thereupon, proceedings shall be had, conducted, and concluded in reference to the matters in like manner as though complaint had been filed with the commission.
Acts 1935, No. 324, § 16; Pope's Dig., § 2079; A.S.A. 1947, § 73-215.
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 1 - GENERAL PROVISIONS (§§ 23-3-101 — 23-3-120) › Section 23-3-120 - Definition

As used in this subchapter, unless the context requires otherwise, the terms "corporation" or "company" include a corporation and a limited liability company.
Acts 2001, No. 1291, § 12.
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 2 - CERTIFICATES OF CONVENIENCE AND NECESSITY (§§ 23-3-201 — 23-3-206) › Section 23-3-202 - Requirement for operation under suspended permit

A public utility shall not exercise any right or privilege under any franchise or permit, the exercise of which has been suspended or discontinued for more than one (1) year, without first obtaining from the Arkansas Public Service Commission or the Arkansas Department of Transportation a certificate that public convenience and necessity require the exercise of such a right or privilege.
Amended by Act 2017, No. 707,§ 108, eff. 8/1/2017.
Acts 1935, No. 324, § 42; Pope's Dig., § 2105; A.S.A. 1947, § 73-241.
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 2 - CERTIFICATES OF CONVENIENCE AND NECESSITY (§§ 23-3-201 — 23-3-206) › Section 23-3-203 - Application for certificate

(a)
Every applicant for a certificate shall give notice of its application as the commission may require and shall file in the office of the commission evidence as shall be required by the commission to show that the applicant has received the consent, franchise, permit, ordinance, vote, or other authority of the proper municipality or other public authority if required.
(b)
Before any certificate may issue under §
23-3-205
, if the applicant therefor is a corporation, a certified copy of the articles of incorporation or charter shall be on file in the office of the commission.
Acts 1935, No. 324, § 43; Pope's Dig., § 2106; A.S.A. 1947, § 73-242.
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 2 - CERTIFICATES OF CONVENIENCE AND NECESSITY (§§ 23-3-201 — 23-3-206) › Section 23-3-204 - Preliminary orders

(a)
If the applicant desires to exercise the right or privilege under a franchise, permit, ordinance, vote, or other authority which it contemplates securing or which has not then been granted to it, the applicant may apply to the commission for an order preliminary to the issuance of the certificate.
(b)
The commission may thereupon make an order declaring that it will thereafter, upon application under such rules as it may prescribe, issue the desired certificate upon the terms and conditions as it may designate after the applicant has obtained the contemplated franchise, permit, ordinance, vote, or other authority.
(c)
Upon the presentation to the commission of evidence satisfactory to it, if such a franchise, permit, ordinance, vote, or other authority has been secured by the applicant, the commission shall thereupon issue the certificate.
Amended by Act 2019, No. 315,§ 2380, eff. 7/24/2019.
Acts 1935, No. 324, § 43; Pope's Dig., § 2106; A.S.A. 1947, § 73-242.
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 2 - CERTIFICATES OF CONVENIENCE AND NECESSITY (§§ 23-3-201 — 23-3-206) › Section 23-3-206 - Unauthorized construction or operation

(a)
Whenever any new construction or operation is undertaken or about to be begun without having secured a certificate of public convenience and necessity as required by the provisions of this act, any interested person may file a complaint with the commission.
(b)
The commission, with or without notice, may make its order requiring the party complained of to cease and desist from the construction or operation until the commission makes and files its decision on the complaint, or until the further order of the commission.
(c)
The commission, after hearing and after reasonable notice, may make the order and prescribe such terms and conditions in harmony with this act as are just and reasonable.
Acts 1935, No. 324, § 43; Pope's Dig., § 2106; A.S.A. 1947, § 73-242.
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 23-3-301 - Legislative determination

(a)
The methods and manner in which utility services are provided by domestic public utilities to the citizens, businesses, institutions, and other utility customers in Arkansas are directly related to the continued health, safety, and welfare of the citizens of Arkansas. Homes, schools, churches, places of business, and other facilities necessarily used and occupied by the citizens of Arkansas depend upon and must receive safe, reliable, and justly priced utility services.
(b)
The merger or acquisition or attempted acquisition of control of a domestic public utility may, if not regulated by the State of Arkansas:
(1)
Diminish the ability or determination of the domestic public utility to meet its contractual obligations or render the same level of service that the domestic public utility is currently rendering;
(2)
Substantially lessen competition in the furnishing of utility service;
(3)
Jeopardize the financial stability of the domestic public utility;
(4)
Be detrimental to the customers of the domestic public utility and not be in the public interest; or
(5)
Lead to the control or operation of the domestic public utility by persons of such competence, experience, or integrity that would not be in the interest of the domestic public utility's customers or the public.
Acts 1985, No. 343, § 13; A.S.A. 1947, § 73-142.
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 23-3-303 - Applicability

(a)
If a domestic public utility seeks to acquire control of another domestic public utility which is subject to the Arkansas Public Service Commission's jurisdiction in a transaction described in §
23-3-306
for which the filing of a statement would be required, then an application for approval containing any information which the commission may prescribe by rule adopted pursuant to this subchapter shall be filed with and heard by the commission after such notice as the commission may prescribe, and the transaction shall be approved or disapproved based upon the factors enumerated in §
23-3-310
, subject to judicial review as provided in §
23-3-313
, but the other provisions of this subchapter shall not apply to the transaction.
(b)
Provisions of this subchapter shall not apply when voting securities are issued, exchanged, or sold by a domestic public utility upon terms and conditions approved by its board of directors.
Amended by Act 2019, No. 315,§ 2381, eff. 7/24/2019.
Acts 1985, No. 343, § 7; A.S.A. 1947, § 73-142.7.
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 3 - MERGER OR ACQUISITION OF CONTROL OF DOMESTIC PUBLIC UTILITIES (§§ 23-3-301 — 23-3-316) › Section 23-3-304 - Penalties

(a)
Any person who knowingly does or causes to be done any act, matter, or thing prohibited or declared to be unlawful by this subchapter, or who knowingly omits or fails to do any act, matter, or thing required by this subchapter, or knowingly causes such an omission or failure, shall be punished upon conviction thereof by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than two (2) years, or both. In addition, the violation shall be punishable upon conviction by a fine not exceeding five hundred dollars ($500) for each day during which the offense occurs.
(b)
Any person who knowingly violates any rule, restriction, condition, or order made or imposed by the Arkansas Public Service Commission under authority of this subchapter shall be guilty of a violation and, in addition to any other penalties provided by law, shall be punished upon conviction by a fine not exceeding five hundred dollars ($500) for each day during which such an offense occurs.
(c)
In addition, should any person consummate, by whatever means, the acquisition of any of the voting securities of a domestic public utility in violation of this subchapter, the commission upon finding that one (1) or more of the conditions set forth in §
23-3-310
exist or will exist by virtue of the acquisition, may order the immediate divestiture of so much of the voting securities held by that person as, in the commission's opinion, is necessary to remove the domestic public utility from the control of that person.
Amended by Act 2019, No. 315,§ 2382, eff. 7/24/2019.
Acts 1985, No. 343, § 11; A.S.A. 1947, § 73-142.11; Acts 2005, No. 1994, § 454.
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 23-3-305 - Powers of commission

The Arkansas Public Service Commission shall have power to perform any and all acts, and to prescribe, issue, make, amend, and rescind any orders or rules which it may find necessary or appropriate to carry out the provisions of this subchapter.
Amended by Act 2019, No. 315,§ 2383, eff. 7/24/2019.
Acts 1985, No. 343, § 9; A.S.A. 1947, § 73-142.9.
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 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 23-3-306 - Procedure generally

(a)
Any person who acquires five percent (5%) or more of the aggregate number of the issued and outstanding voting securities of a domestic public utility, within two (2) business days thereafter, shall deliver written notice of the acquisition to the Arkansas Public Service Commission. The following information shall be included in the notice:
(1)
The name and address of each person and all affiliates of that person;
(2)
The number and class of all shares held by each person and all affiliates of that person; and
(3)
Whether the person or any affiliate of that person, individually or collectively, intends to acquire ten percent (10%) or more of the aggregate number of the issued and outstanding voting securities of the domestic public utility.
(b)
No person other than the issuer of the securities of the domestic public utility or an affiliate of the issuer shall make a tender offer for, request, or invite tenders of, or enter into any agreement to exchange, seek to acquire, or acquire, in the open market or otherwise, any issued and outstanding voting securities of a domestic public utility regulated by the commission if, after the consummation of that action, the person would, directly or indirectly or by conversion or by exercise of any right to acquire, be in control of the domestic public utility. No person shall merge with or otherwise acquire control of a domestic public utility unless the acquiring party is an affiliate of the domestic public utility or unless, at the time the offer, request, or invitation is made, or prior to the acquisition of the securities if no offer or agreement is involved, the person has filed with the commission and has sent to the domestic public utility a statement containing the information required by §
23-3-307
and the offer, request, invitation, or acquisition has been approved by the commission in the manner prescribed in §§
23-3-310
and
23-3-311
.
(c)
The commission may modify the aforementioned procedures to the extent necessary to conform to the requirement of Regulation 14D under the Securities Exchange Act of 1934, as amended.
Acts 1985, No. 343, § 2; A.S.A. 1947, § 73-142.2.
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 23-3-308 - Statement filed with commission - Attachments and incorporation by reference

If any offer, request, invitation, merger, or acquisition referred to in §
23-3-306
is proposed to be made by means of a registration statement under the Securities Act of 1933, as amended, including rules and regulations promulgated thereunder, or in circumstances requiring disclosure of similar information under the Securities Exchange Act of 1934, as amended, including rules and regulations promulgated thereunder, or under a state law including rules and regulations promulgated thereunder, requiring similar registration or disclosure, the person required to file the statement referred to in §
23-3-306
may incorporate information contained in the documents filed under the above-mentioned statutes into the statement by attaching the other documents to the statement filed under this subchapter and making specific reference to the information provided by the attached documents.
Acts 1985, No. 343, § 4; A.S.A. 1947, § 73-142.4.
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 3 - MERGER OR ACQUISITION OF CONTROL OF DOMESTIC PUBLIC UTILITIES (§§ 23-3-301 — 23-3-316) › Section 23-3-309 - Payment of expenses of investigation

The expense of conducting an analysis or investigation by the Arkansas Public Service Commission of the information required to be filed under §
23-3-307
shall be paid by the acquiring party within fifteen (15) days of the public hearing required by §§
23-3-310
and
23-3-311
. Expenses of conducting the analysis or investigation may include, but not be limited to, the cost of acquiring expert witnesses, consultants, and analytical services.
Acts 1985, No. 343, § 9; A.S.A. 1947, § 73-142.9.
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 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 23-3-310 - Grounds for disapproval

The Arkansas Public Service Commission shall approve any merger or other acquisition of control referred to in §
23-3-306
unless, after a public hearing thereon, it finds that one (1) or more of the following conditions will exist if the merger or other acquisition of control is consummated, in which event it shall disapprove the merger or acquisition of control and the merger or acquisition of control shall not be consummated:
(1)
The acquisition of control would adversely affect the contractual obligations of the domestic public utility or of any person controlling the domestic public utility or the ability or commitment to continue to render the same level of service to its customers that the domestic public utility is currently rendering;
(2)
The effect of the merger or other acquisition of control would be substantially to lessen competition in the furnishing of public utility service in this state;
(3)
The financial condition of any acquiring party is such as might jeopardize the financial stability of the domestic public utility or any person controlling the domestic public utility or would otherwise prejudice the interest of the domestic public utility's customers;
(4)
The plans or proposals which an acquiring party has to liquidate the public utility or any such controlling person, to sell its assets or a substantial part thereof, or to consolidate or merge it with any person, or to make any other material change in its investment policy, business or corporate structure, or management would be detrimental to the customers of the domestic public utility and not in the public interest; or
(5)
The competence, experience, and integrity of those persons who would control the operation of the domestic public utility are such that it would not be in the interest of its customers and the public to permit the merger or other acquisition of control.
Acts 1985, No. 343, § 5; A.S.A. 1947, § 73-142.5.