Arkansas Administrative Code

23 CAR § 454-402. Procedures for appeal. (a) Applicability. (1) Any potential qualifying facility that has met the procedural requirements set forth in 23 CAR § 454-401(b) and has not concluded or renewed a specific binding legal obligation with the electric utility for the purch…

23 CAR § 454-501. Exemption of qualifying facilities from all other Arkansas utility regulation. All qualifying facilities are exempted from all other Arkansas state utility laws and rules, other than those promulgated herein, respecting the: (1) Rates of electric utilities; and …

23 CAR § 454-502. Application for Arkansas Public Service Commission judgment on jurisdiction. (a) Any potential qualifying facility may file an application for a ruling by the Arkansas Public Service Commission on the jurisdiction of the Arkansas Public Service Commission over t…

23 CAR § 454-503. Exemption from Arkansas Public Service Commission jurisdiction. (a) Any potential qualifying facility that is determined to be subject to the Arkansas Public Service Commission's jurisdiction in 23 CAR § 454-501 may apply to the Arkansas Public Service Commissio…

23 CAR § 454-601. Recovery of costs. All costs, net of costs associated with interconnection or otherwise recovered from the qualifying facility incurred by an electric utility for purchases of power from a qualifying facility pursuant to a standard tariff or legally enforceable …

23 CAR § 455-101. Applicability. This part shall apply to all whose activities bring them under the jurisdiction of the Arkansas Public Service Commission except for telecommunications providers.

23 CAR § 455-102. Purpose and scope. (a)(1) This part sets forth standards for service by each utility. (2) This part is intended to: (A) Ensure adequate service; (B) Prevent discrimination and unfair practices; and (C) Protect both the consumers and utilities from unreasonable d…

23 CAR § 455-103. Definitions. The following definitions shall apply throughout this part except as otherwise required by the context and any references to this part shall include these definitions: (1) “Answered” means that an employee or automated system is: (A) Ready to provid…

23 CAR § 455-104. Exemption from rules. Amendments or exemptions to the Arkansas Public Service Commission’s rules may be granted by the Arkansas Public Service Commission: (1) In conformity with the Arkansas Public Service Commission’s Rules of Practice and Procedure, 23 CAR pt.…

23 CAR § 455-105. Duties under the law. This part shall in no way relieve any person or entity of any duty under the laws of the State of Arkansas or the United States of America.

23 CAR § 455-106. Discrimination prohibited. A utility shall not unlawfully discriminate against an applicant for service or an existing customer in the provision of utility service based on: (1) Race; (2) Color; (3) Creed; (4) Religion; (5) National origin; (6) Sex; (7) Marital …

23 CAR § 455-107. Retaliation prohibited. A utility shall not retaliate against any applicant or customer for: (1) Exercising a right or enforcing an obligation created by any Arkansas Public Service Commission rule; or (2) Acting within the law.…

23 CAR § 455-108. Availability of rules. (a) Utilities. (1) To employees. (A) Utility employees who are responsible for the application and explanation of any of this part shall have ready access to those sections that apply to their respective job responsibilities. (B) Ready acc…

23 CAR § 455-201. Information on utility service. (a) Printing requirements. (1) Each utility shall provide the information required in subsection (b) of this section in the form of one (1) or more brochures. (2)(A) The information required in subsection (b) of this section shall…

23 CAR § 455-202. Directory listing for utility billing and services. (a) Each utility shall list, in the directory of each telecommunications provider which provides basic local service in any area it serves, the telephone numbers that customers may call toll-free to report prob…

23 CAR § 455-203. Customer notice of rule and service changes. (a)(1) The General Staff of the Arkansas Public Service Commission will provide each utility with an annual summary of Arkansas Public Service Commission-approved changes to this part. (2) Each utility shall advise it…

23 CAR § 455-204. Service, usage, and billing history information. Customers or former customers shall be able to obtain the following information through their local utilities’ business offices upon request: (1)(A) A statement of the customer’s account record as recorded under 2…

23 CAR § 455-205. Customer service. (a) Service requirements. (1) Utility personnel who serve the public shall be familiar with the content of all Arkansas Public Service Commission rules that apply to their respective job responsibilities. (2) Utility personnel shall serve the p…

23 CAR § 455-206. Complaints to the utility. (a) A utility shall fully and promptly investigate all complaints. (b) Utilities shall ensure that personnel follow these procedures and meet these standards: (1) Personnel. (A) Utility employees responsible for dealing with the public…

23 CAR § 455-207. Complaints to the Arkansas Public Service Commission. (a) Informal complaints. (1) Information required. (A) Complaints may be in written or oral form. (B) Complainants shall give: (i) A name; (ii) An address; (iii) The name of the utility involved; (iv) The acc…

23 CAR § 455-301. Application for service. (a) Application methods. New service, additional service, transfer of service, or a change in service may be requested in writing, or, at the discretion of the utility, orally by telephone. (b) Record of application. (1) Each utility mus…

23 CAR § 455-302. Application form submission requirements. A current copy of the form to be used for the application for service and any revisions to that form shall be provided to the Arkansas Public Service Commission’s Consumer Services Office.

23 CAR § 455-303. Extension of service. (a) Requirements for extension of service. (1) Extension of facilities shall be made according to the: (A) Requirements in the Arkansas Public Service Commission’s Special Rules; (B) Extension of Service Agreement set out in subsection (b) …

23 CAR § 455-304. Refusing service. (a) Reasons for refusal. A utility may refuse service to an applicant only for the following reasons: (1)(A) A bill from the utility for the same kind of utility service remains unpaid in the applicant’s name. (B) Exception. A utility may not r…

23 CAR § 455-305. Disputed charge — Providing service. (a) When a utility refuses to serve an applicant for not paying a previous bill and the applicant disputes the amount due, the applicant may complain to the Arkansas Public Service Commission. (b)(1) A utility may require a d…

23 CAR § 455-401. Deposits from applicants. (a) Conditions. (1) A utility may require a deposit from any applicant to guarantee payment for service, subject to the conditions in subdivisions (a)(2) and (3) of this section. (2) A utility may not require a deposit or other guaranty…

23 CAR § 455-402. Deposits from customers. (a) Conditions. A utility may only require a new deposit or an increase in the amount of a deposit from a customer for the following reasons: (1) The customer failed to pay a bill before the close of business on the shut-off date within …

23 CAR § 455-403. Calculation of average bill. (a) All utilities. (1) Seasonal customers. The average bill is the total of the monthly bills during the “season” as defined in the utility’s tariff, for example, irrigation season or ginning season, divided by the number of months o…

23 CAR § 455-404. Guaranty in place of a deposit. (a) Requirements. (1) Residential customers. (A) Instead of a deposit, a utility shall accept the written guaranty of a qualified third party to pay an amount equal to the deposit. (B) If a third party is a residential customer of…

23 CAR § 455-405. Interest payment on deposits. (a) A utility shall pay interest annually on deposits pursuant to Arkansas Code § 23-4-206. (b) Interest shall not accrue on any deposit after the date the utility has made and documented a good faith effort to return the deposit to…

23 CAR § 455-406. Refunding deposits. (a)(1) If a residential customer has paid all bills by the due date for the last twelve (12) months, a utility must promptly refund the deposit. (2) Utilities are not required to refund deposits on business or commercial accounts until the ac…

23 CAR § 455-407. Deposits and customer name changes. A utility may not require a residential customer to make or increase a deposit because of a name change, unless one (1) or more of the conditions set out in 23 CAR § 455-402(a) applies.

23 CAR § 455-408. Deposits and changes in service locations. Except as provided in 23 CAR § 455-402(a), a utility shall not charge an additional deposit if: (1) A customer requests that his or her service end at one (1) location and that the same kind and class of service from th…

23 CAR § 455-501. Information on bill. Each bill shall contain the following information: (1) Name and account number; (2) For bills based on meter readings, the: (A) Beginning and ending meter readings; (B) Dates of the meter readings if read by the utility; (C) Number of days i…

23 CAR § 455-502. Bill form — Submission requirements. A current copy of the form to be used for billing and any revisions to that form shall be provided to the Arkansas Public Service Commission’s Consumer Services Office.

23 CAR § 455-503. Billing periods and standards. (a)(1) Utilities shall bill customers regularly. (2) The billing period shall be no less than twenty-five (25) days and no more than thirty-five (35) days unless it is the first or final bill. (b) Utilities shall bill customers wit…

23 CAR § 455-504. Mailing date. Utilities shall not mail bills later than the mailing date printed on the bill.

23 CAR § 455-505. Due dates. (a) If no late charge is imposed, the due date of a bill shall not be less than fourteen (14) calendar days after the date a bill is mailed. (b) If a utility imposes a late payment charge, the due date of the bill shall not be less than twenty-two (22…

23 CAR § 455-506. Late payment. (a) Payment may be considered late if the utility or its authorized agent for payment gets the payment after the utility’s close of business on the due date on the bill. (b) If the utility is not open on the due date, customers may pay by the utili…

23 CAR § 455-507. Late payment charges. (a) A utility may calculate late payment charges only on an overdue portion of a bill for utility service. (b) A late payment charge may not exceed ten percent (10%) of the first thirty dollars ($30.00) of the customer’s bill and two percen…

23 CAR § 455-508. Estimated usage for billing. (a)(1) A utility may not estimate a customer’s usage for more than two (2) consecutive bills. (2) If a utility estimates usage, it shall use the customer’s consumption for the same time at that location the year before. (3) A utility…

23 CAR § 455-509. Extended due date policy. (a)(1) Utilities must offer an extended due date policy to customers qualifying under subsection (c) of this section. (2) This is intended to enable utilities to change a qualifying customer’s utility bill payment due date to coincide w…

23 CAR § 455-510. Levelized billing plans for electric and gas utilities. (a)(1) Electric and gas utilities must provide levelized billing plans for qualifying residential customers. (2) When a customer applies for the plan, the utility shall explain the plan and give the explana…

23 CAR § 455-511. Extended absence payment procedure. (a) Each utility shall have bill payment options that will allow a customer who is away for an extended period of time to avoid suspension of service. (b) The options shall be filed as a tariff for Arkansas Public Service Comm…

23 CAR § 455-512. Method of payment. (a)(1) Customers may pay bills in any reasonable manner, including cash or a check payable to the utility. (2) A utility may refuse to accept payment by check if the customer has given the utility two (2) checks that were returned unpaid for r…

23 CAR § 455-513. Returned check charge. (a) A utility may charge an Arkansas Public Service Commission-approved fee for handling a check that is returned unpaid for reasons other than bank error. (b) The amount of the returned check charge shall be set forth in the utility’s tar…

23 CAR § 455-514. Partial payments. (a) Nonutility charges. Unless otherwise specified in writing by the customer, a utility shall first credit payment to utility charges if a customer pays part of a utility bill that includes charges for nonutility service. (b) Application betwe…

23 CAR § 455-515. Overpayments. (a) Overpayments shall be credited to the customer’s account unless the customer requests otherwise. (b) When a customer notifies the utility that he or she has overpaid his or her account and requests a refund of the overpayment, the utility shall…

23 CAR § 455-516. Meter reading requirements. (a) Annual readings. If a utility’s policy allows a customer to read his or her own meter, then the utility shall read that customer’s meter at least once every twelve (12) months. (b) Meter reading report. (1) At the customer’s writt…

23 CAR § 455-517. Billing metered service. (a) Bills for metered service must be based on meter readings unless otherwise provided in an Arkansas Public Service Commission-approved tariff. (b) Service used by the utility shall be measured by meters, except for minor, incidental u…