Arkansas Administrative Code

23 CAR § 450-105. Affiliate transactions other than financial transactions. (a) Except as otherwise provided in this section, or in other applicable law, with respect to an affiliate transaction involving assets, goods, services, information having competitive value, or personnel…

23 CAR § 450-106. Books, records, and procedures. (a) Recordkeeping. (1)(A) The public utility shall: (i) Keep books and records separately from the books and records of its affiliates; and (ii) Maintain such books and records in accordance with: (a) The applicable rules and orde…

23 CAR § 450-107. Bond rating downgrades. (a) This section applies only to a public utility that has: (1) A separate, stand-alone bond rating by Standard and Poor's or Moody’s; and (2) Affiliates, other than utility-related businesses, with assets whose total book value exceeds t…

23 CAR § 450-108. Utility ownership of nonutility business. (a) A public utility shall not directly engage in a nonutility business other than a utility-related business if the total book value of such nonutility business’s nonutility assets owned by the utility exceeds ten perce…

23 CAR § 450-109. Compliance. (a) No later than the June 1 following the first full calendar year after the effective date of this part, and no later than June 1 of every year thereafter, each public utility shall file with the Arkansas Public Service Commission: (1) A notice, si…

23 CAR § 450-110. Miscellaneous. The costs of any affiliate transaction found to be inconsistent with this part shall be adjusted in a ratemaking proceeding to be consistent with this part.

23 CAR § 450-111. Exemptions. (a) Any utility may petition for exemption from any of this part, on the basis that application of the rule would not be in the public interest, in accordance with Rule 1.03 of the Arkansas Public Services Commission’s Rules of Practice and Procedure…

23 CAR § 452-101. Definitions. As used in this part: (1) “Access line” means exchange line cable and wire facilities Subcategories 1.1 through 1.3, 47 C.F.R. § 36.154(a), or its functional equivalent; (2) “Administrator” means the administrator of the Arkansas High Cost Fund; (3)…

23 CAR § 452-102. Jurisdiction. The Arkansas Public Service Commission has the authority and responsibility pursuant to Acts 1997, No. 77, and Acts 2007, No. 385, to assess a universal service fee upon all providers of telecommunications services, as defined by the rules of the A…

23 CAR § 452-103. Application. This part shall apply to telecommunications providers who offer telecommunications services within the State of Arkansas.

23 CAR § 452-104. Relief from rule. (a) Whenever compliance with any requirement of this part would result in unreasonable hardship upon or excessive expense to a party or parties subject to this part, the Arkansas Public Service Commission may, upon application and for good caus…

23 CAR § 452-201. Universal services. (a) Universal services in Arkansas shall consist of basic local exchange services. (b) Basic local exchange services are the services defined in Arkansas Code § 23-17-403(10).

23 CAR § 452-202. Use of the Arkansas High Cost Fund. Funding from the Arkansas High Cost Fund may be sought for the following purposes: (1) To provide support to ETCs pursuant to the provisions of Acts 2007, No. 385; and (2) To defray the costs of administering the fund, includi…

23 CAR § 452-301. Appointment of the fund administrator. (a) The Arkansas Public Service Commission shall appoint an Arkansas High Cost Fund administrator. (b) The administrator must: (1) Be neutral and impartial; (2) Not be aligned or associated with any particular telecommunica…

23 CAR § 452-302. Duties of the administrator. (a) The Arkansas High Cost Fund administrator’s general duties shall include: (1) Collecting and receiving monies paid into the Arkansas High Cost Fund; (2) Providing high-cost funds from the Arkansas High Cost Fund to participating …

23 CAR § 452-303. Audits of the fund. The Arkansas High Cost Fund is subject to an annual audit by an independent certified public accountant selected by the Arkansas Public Service Commission.

23 CAR § 452-304. Resolution of disputes regarding contributions. (a) Any contributor may dispute the amount of contribution it is required to pay into the Arkansas High Cost Fund, in the following manner: (1) The contributor may contact the Arkansas High Cost Fund administrator,…

23 CAR § 452-305. Resolution of other disputes. (a) Any adversely affected party may dispute the actions of an eligible telecommunications carrier related to the provisioning of universal services. (b)(1) The adversely affected party may contact the Arkansas High Cost Fund admini…

23 CAR § 452-306. Violations. (a) Failure to pay an assessed contribution to the Arkansas High Cost Fund shall be deemed a violation of this part. (b)(1) If the Arkansas Public Service Commission determines, after notice and hearing, that a carrier has acted in violation of this …

23 CAR § 452-401. Contributors. Every telecommunications provider that operates or provides retail telecommunications services within Arkansas shall contribute, on a nondiscriminatory basis, into the Arkansas High Cost Fund.

23 CAR § 452-402. Reporting requirements. (a) Each contributor subject to this part, no later than May 15 of each year following the effective date of this part, shall submit to the Arkansas High Cost Fund administrator a report, based on the preceding calendar year, containing t…

23 CAR § 452-403. Amount of contributions. (a) The Arkansas High Cost Fund administrator shall, at least annually, notify each provider of telecommunications service of the amount of the contribution required to be made to the Arkansas High Cost Fund by each contributor, based up…

23 CAR § 452-404. Recovery of contributions. (a) A telecommunications provider may recover the amount of its contribution to the Arkansas High Cost Fund from its intrastate retail telecommunications service customers. (b)(1) In the event a telecommunications provider elects to ex…

23 CAR § 452-405. Termination of the Arkansas Universal Service Fund. (a) The Arkansas Universal Service Fund administrator shall determine the amounts received by each incumbent local exchange carrier from the current Arkansas Universal Service Fund. (b)(1) Such payments shall c…

23 CAR § 452-501. Funding. (a) Arkansas High Cost Fund support shall be distributed, on a monthly basis, directly to eligible local exchange carriers as provided for in Acts 2007, No. 385. (b)(1) The Arkansas High Cost Fund administrator shall provide funding for Category I, Cate…

23 CAR § 452-502. Request for funding— General provisions. (a)(1) Any eligible telecommunications carrier seeking funding from the Arkansas High Cost Fund shall file a request for funding with the Arkansas High Cost Fund administrator requesting support from the fund. (2) The req…

23 CAR § 453-101. Definitions. As used in this part: (1) “Reporting toll reseller” means a switchless reseller that resells the toll services of an ILEC and is therefore not exempted from monthly reporting requirements; and (2)(A) “Switchless reseller” means a carrier which: (i) …

23 CAR § 453-102. Applicability These are promulgated pursuant to, and in accordance with, the provisions of Acts 2003, No. 1788, as codified in Arkansas Code Ann. §§ 23-17-403, 23-17-404, 23-17-416, and 23-17-417.

23 CAR § 453-103. Purpose and scope. (a) Generally, the specific procedures for operating the AICCLP are provided in the Arkansas Code. (b) These rules, in addition to the Intrastate Flat Rate Carrier Common Line Service Tariff, supplement the law to facilitate proper management …

23 CAR § 453-201. Role of the administrator. (a) The administrator shall enforce and implement all rules and directives governing the funding, collection, and eligibility for the AICCLP membership. (b) If, after reasonable efforts, the administrator is unable to obtain compliance…

23 CAR § 453-202. Reporting and remittance. (a) The administrator shall: (1) Provide notice to AICCLP members, other ILECs, underlying carriers, and reporting toll resellers concerning calculations related to each entity; and (2) Bill all carriers for any amounts due the pool. (b…

23 CAR § 453-203. Audit requirement. (a) An audit of the information reported to the AICCLP may be required. (b) The procedures to be used in completion of the audit will be developed under the supervision of the AICCLP administrator and approved by: (1) The AICCLP Advisory Proce…

23 CAR § 454-101. General rule. Terms defined in the Public Utility Regulatory Policies Act of 1978 shall have the same meaning for purposes of this part as they have under the Public Utility Regulatory Policies Act of 1978, unless further defined.

23 CAR § 454-102. Definitions. The following definitions apply for purposes of this part: (1) “Avoided costs” means the incremental costs to an electric utility of electric energy or capacity or both that, but for the purchase from the qualifying facility or qualifying facilities…

23 CAR § 454-201. Scope. This subpart applies to the criteria for, and the manner of, becoming a qualifying small power production facility and a qualifying cogeneration facility under Sections 3(17)(C) and 3(18)(B), respectively, of the Federal Power Act, as amended by Section 2…

23 CAR § 454-202. Definitions. For purposes of this subpart: (1) "Biomass" means any organic material not derived from fossil fuels; (2) "Bottoming-cycle cogeneration facility" means a cogeneration facility in which the energy input to the system is first applied to a useful ther…

23 CAR § 454-203. General requirements for qualification. (a) Small power production facilities. A small power production facility is a qualifying facility if it meets the: (1) Maximum size criteria specified in 23 CAR § 454-204(a); (2) Fuel use criteria specified in 23 CAR § 454…

23 CAR § 454-204. Criteria for qualifying small power production facilities. (a) Maximum size. The power production capacity of the facility for which qualification is sought, together with the capacity of any other facilities that use the same energy resources, are owned by the …

23 CAR § 454-205. Criteria for qualifying cogeneration facilities. (a) Operating and efficiency standards for topping-cycle facilities. (1) Operating standard. For any topping-cycle cogeneration facility, the useful thermal energy output of the facility must, during any calendar …

23 CAR § 454-206. Ownership criteria. (a) General rule. A cogeneration facility or small power production facility may not be owned by a person primarily engaged in the generation or sale of electric power, other than electric power solely from cogeneration facilities or small po…

23 CAR § 454-207. Procedures for obtaining qualifying status. (a) Qualification. A small power production facility or cogeneration facility that meets the criteria for qualification set forth in 23 CAR § 454-203 is a qualifying facility, ipso facto. (b) Optional screening procedu…

23 CAR § 454-301. Scope. (a) Applicability. This subpart applies to the regulation of sales and purchases between qualifying facilities and electric utilities. (b) Case-by-case negotiations. (1) Except as specified by a standard tariff (23 CAR § 454-304(c)), utilities will conduc…

23 CAR § 454-302. Availability of electric utility system cost data. (a) Applicability. The following utilities shall be subject to the provision of this section: (1) Entergy Arkansas; (2) Southwestern Electric Power Company; (3) Empire District Electric Company; (4) Oklahoma Gas…

23 CAR § 454-303. Electric utility obligations. (a) Obligation to purchase from qualifying facilities. Each electric utility shall purchase, in accordance with 23 CAR § 454-304, any energy and capacity that is made available from a qualifying facility, either: (1) Directly to the…

23 CAR § 454-304. Rates for purchases. (a) Rates for purchases. (1) Rates for purchase 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 productio…

23 CAR § 454-305. Rates for sales. (a) General rules. (1) Rates for sales: (A) Shall be just and reasonable and in the public interest; and (B) Shall not discriminate against any qualifying facility compared with rates for sales to other customers served by the electric utility. …

23 CAR § 454-306. Interconnection costs. (a) Obligation to pay. Each qualifying facility shall be obligated to pay any interconnection costs estimated on a nondiscriminatory basis with respect to other customers with similar load characteristics. (b) Reimbursement of interconnect…

23 CAR § 454-307. System emergencies. (a) Qualifying facilities’ obligation to provide power during system emergencies. A qualifying facility shall be required to provide energy or capacity to an electric utility during a system emergency only to the extent: (1) Provided by agree…

23 CAR § 454-308. Standards for operating reliability. (a) Interconnection plan. (1)(A) Each utility shall establish and make available for inspection guidelines for ensuring safe and reliable operation of interconnected qualifying facilities. (B) It may also require an interconn…

23 CAR § 454-401. Procedures for negotiation. (a) Applicability. (1) This section applies to the conduct of negotiations on a case-by-case basis between electric utilities and qualifying facilities. (2) It does not apply to any qualifying facilities that elect to adopt a standard…