Arkansas Administrative Code

23 CAR § 457-103. Definitions. The following definitions shall apply throughout this part, and any references to this part shall include these definitions except as required by context or by Arkansas Code § 23-18-604(c)(11)(A) as interpreted by the Arkansas Public Service Commiss…

23 CAR § 457-104. Other provisions. (a) This part applies to all electric utilities, as defined in this part, that are jurisdictional to the Arkansas Public Service Commission. (b) This part is not intended to and does not affect or replace any Arkansas Public Service Commission-…

23 CAR § 457-201. Electric utility requirements. (a)(1) An electric utility shall allow net-metering facilities of legacy net-metering customers and legacy-transitional net-metering customers to be interconnected using a standard meter capable of registering the flow of electrici…

23 CAR § 457-202. Metering requirements. (a)(1) Metering equipment shall be installed to both accurately measure the electricity supplied by the electric utility to each net-metering customer and also to accurately measure the electricity generated by each net-metering customer t…

23 CAR § 457-203. Cost recovery and new or additional charges. (a) Any new or additional charge that would increase a net-metering customer’s costs beyond those of other customers in the rate class shall be filed by the electric utility with the Arkansas Public Service Commission…

23 CAR § 457-204. Billing for net-metering. (a) Each electric utility shall elect in its standard net-metering tariff one (1) of the rate structures outlined under Arkansas Code § 23-18-606. (b) Each electric utility shall bill net-metering customers under either of two (2) diffe…

23 CAR § 457-205. Meter aggregation. (a) Except as provided in subsections (b) and (c) of this section, an electric utility shall separately meter, bill, and credit each net-metering facility even if one (1) or more net-metering facilities are under common ownership. (b) Pursuant…

23 CAR § 457-206. Legacy status for net-metering facilities. (a) A net-metering facility of a net-metering customer shall remain under the rate structure terms and conditions in effect before December 31, 2022, until June 1, 2040, if the net-metering customer has qualified under …

23 CAR § 457-207. Leases and safe harbor for service agreements. (a) A net-metering customer entering into a lease for a net-metering facility shall provide to the electric utility a standard notice and affidavit approved by the Arkansas Public Service Commission to the electric …

23 CAR § 457-208. Annual avoided-cost redetermination. (a) If an electric utility elects to use the rate structure outlined in Arkansas Code § 23-18-606(a)(1), the electric utility shall file any needed revisions to its net-metering tariff on or before February 1 of each calendar…

23 CAR § 457-301. Requirements for initial interconnection of a net-metering facility. (a) A net-metering customer and owner of the net-metering facility, if different, shall execute a Standard Interconnection Agreement for Net-metering Facilities, Appendix A, prior to interconne…

23 CAR § 457-302. Requirements for modifications or changes to a net-metering facility. (a)(1) Prior to being made, the net-metering customer or owner of the net-metering facility shall notify the electric utility of, and the electric utility shall evaluate, any modifications or …

23 CAR § 457-303. Requirements for Preliminary Interconnection Site Review Request. (a)(1) For the purpose of requesting that the electric utility conduct a preliminary interconnection site review for a proposed net-metering facility to determine the net-metering facility’s impac…

23 CAR § 457-304. Requirements for facilities study and Facilities Agreement. (a)(1) A net-metering customer may request that the electric utility conduct a facilities study for the purpose of determining any applicable costs of constructing electric utility facilities necessary …

23 CAR § 457-401. Standard Interconnection Agreement for Net-metering Facilities, Preliminary Interconnection Site Review Request, Facilities Agreement, and standard net-metering tariffs. (a)(1) Each electric utility shall file, for approval by the Arkansas Public Service Commiss…

23 CAR § 457-402. Additional filing and reporting requirements. (a) Each electric utility shall file in Docket No. 06-105-U by March 15 of each year a report individually listing each net-metering facility, the type of resource (solar, wind, storage, etc.), its use by specific ra…

23 CAR § 457-501. Gaming defined. (a) “Gaming” means manipulating, misrepresenting, or otherwise configuring a net-metering facility or facilities in a manner that is intended to result in, or that actually results in, the avoidance of statutory or Arkansas Public Service Commiss…

23 CAR § 457-502. Gaming prohibited. Gaming of this part is prohibited.

23 CAR § 457-503. Penalties for gaming. Any net-metering customer found to be engaged in activity considered to be gaming under this part may have their qualification as a net-metering customer suspended or terminated by the Arkansas Public Service Commission following notice and…

23 CAR § 458-101. Authority. This part is promulgated pursuant to, and in accordance with, the provisions of Acts 2007, No. 740, as codified in Arkansas Code §§ 23-4-1001 – 23-4-1006.

23 CAR § 458-102. Applicability. This part applies to pole owners and attaching entities as defined in this part.

23 CAR § 458-103. Purpose and scope. (a) This part governs the Arkansas Public Service Commission’s regulation of the rates, terms, and conditions upon which a pole owner shall provide nondiscriminatory access for a pole attachment in the absence of a voluntarily negotiated agree…

23 CAR § 458-104. 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)(A) “Attaching entity” means a provider of: (i) Electric service; (ii) Telecom…

23 CAR § 458-105. Negotiated agreements. (a) Nothing in this part prevents or limits the ability of a pole owner and an attaching entity to enter into a voluntarily negotiated written agreement regarding the rates, terms, and conditions for pole attachment access. (b) Voluntarily…

23 CAR § 458-106. Communications. Pole owners and attaching entities are encouraged to employ consistent and compatible communications systems for the purpose of notification and coordination associated with the pole attachments addressed in this part.

23 CAR § 458-201. Contracts and permits. (a) Prior to installing a pole attachment, the pole owner and the attaching entity shall have a written contract that specifies the rates, terms, and conditions for the pole attachments. (b) An attaching entity shall have a permit from the…

23 CAR § 458-202. Request for access. (a)(1) Requests to a pole owner for a pole attachment or overlashing permit shall be in writing. (2) The pole owner may require the applicant to provide the following technical information: (A) The location of the pole, duct, or conduit for w…

23 CAR § 458-203. Make-ready work estimate. (a) If the pole owner grants an application for a pole attachment or overlashing that requires make-ready work, the pole owner shall provide a detailed list of make-ready work to include a description of the work, the estimated number o…

23 CAR § 458-204. Denial of access. (a) A pole owner may deny access for a pole attachment on a nondiscriminatory basis: (1) Where there is insufficient capacity; or (2) For reasons of safety, reliability, or generally applicable engineering standards as referenced in 23 CAR § 45…

23 CAR § 458-205. Notification. (a) Except as provided for in subsection (b) of this section or when a regulation, statute, ordinance, or other similar legal requirement otherwise provides, a pole owner shall provide an attaching entity no less than sixty (60) days’ written notic…

23 CAR § 458-301. Safety responsibilities. An attaching entity shall: (1) Install and maintain its pole attachments and any overlashing in compliance with: (A) The current edition of the NESC and NEC in effect at the time of construction and the pole owner’s applicable engineerin…

23 CAR § 458-302. Safety inspections. (a) All attaching entities shall participate in a joint safety inspection with the pole owner, with each attaching entity bearing its own expense. (b) Pole owners shall establish safety inspection schedules so that an inspection of all of the…

23 CAR § 458-303. Pole attachment audits. (a) All attaching entities shall participate in a joint pole attachment audit with the pole owner, with each attaching entity bearing its own expense. (b) Pole owners shall establish pole attachment audit schedules so that an audit of all…

23 CAR § 458-401. Pole attachment rate formula. (a) When the parties fail to reach a voluntarily negotiated written agreement regarding the pole attachment rate and the complaint procedures under Subpart 5 of this part are invoked, the Arkansas Public Service Commission will appl…

23 CAR § 458-402. Duct/conduit rate formula. (a) When the parties fail to reach a voluntarily negotiated written agreement regarding the duct/conduit rate and the Arkansas Public Service Commission’s complaint procedures under Subpart 5 of this part are invoked, the Arkansas Publ…

23 CAR § 458-403. Modification costs. Pole owners shall charge attaching entities separately for the following: (1) Make-ready work pursuant to 23 CAR § 458-203; (2)(A) Solely assigned — Excess height. When an attaching entity, including the pole owner, except as provided for und…

23 CAR § 458-501. Time for resolution. The Arkansas Public Service Commission shall resolve any formal complaint filed in accordance with this part and the Arkansas Public Service Commission’s Rules of Practice and Procedure, 23 CAR pt. 462, within one hundred eighty (180) days a…

23 CAR § 458-502. Informal resolution. (a) Before filing a formal complaint, every complainant shall make a good faith effort to informally resolve the dispute with the respondent. (b) The complainant and respondent shall, within thirty (30) days of a request by the other for dat…

23 CAR § 458-503. Filing requirements. The formal complaint shall be filed in compliance with the Arkansas Public Service Commission’s Rules of Practice and Procedure, 23 CAR pt. 462, and meet the following requirements: (1) The complaint shall be accompanied by a copy of the pol…

23 CAR § 458-504. Response and reply. (a) The complaint shall be served on respondent pursuant to 23 CAR § 462-902 of the Arkansas Public Service Commission’s Rules of Practice and Procedure, 23 CAR pt. 462. (b) Respondent may file a response pursuant to 23 CAR § 462-902 of the A…

23 CAR § 459-101. Purpose. (a) Electric utilities regulated by the Arkansas Public Service Commission will use this part to establish the informational report that will meet the planning expectations of the Arkansas Public Service Commission. (b) The general approach of this part…

23 CAR § 459-102. Resource planning defined. (a) Resource planning is a utility planning process that requires consideration of all reasonable resources for meeting the demand for a utility’s product, including those that focus on: (1) Traditional supply sources; and (2) Conserva…

23 CAR § 459-103. Relationship of the Arkansas Public Service Commission and utilities with resource planning. (a) Resource planning under this part does not change the fundamental regulatory relationship between the utilities and the Arkansas Public Service Commission. (b) This …

23 CAR § 459-104. General guidelines. (a)(1) A resource plan must contain certain elements. (2) Subsections (b) – (i) of this section are the guidelines the Arkansas Public Service Commission will use to review the completeness of the efforts to produce the utility resource plan.…

23 CAR § 459-105. Implementing report. At approximately the midpoint of the utility’s planning cycle, a short written report on the progress and success, or not, of implementing the resource plan should be submitted to the Arkansas Public Service Commission.

23 CAR § 459-106. Scheduling and compliance requirements. (a) Scheduling. (1) Each utility should: (A) Determine the term of its resource planning cycle, from one (1) to three (3) years; and (B) Schedule its submission with the Arkansas Public Service Commission. (2) However, a r…

23 CAR § 460-101. Declaration of public policy. (a)(1) In light of events that have occurred subsequent to the issuance of the 1971 Rules and Regulations Governing Promotional Practices of Electric and Gas Public Utilities (“1971 rules”), competition among electric and gas utilit…

23 CAR § 460-102. Definitions. The following words, when used in this part, shall have the following meanings unless otherwise clearly apparent from the context: (1) “Appliance or equipment” means any: (A) Device, including a fixture, that consumes electric or gas energy; and (B)…

23 CAR § 460-103. Prohibition of promotional practices. (a) A public utility shall not, without first obtaining the approval of the Arkansas Public Service Commission, engage in any promotional practices. (b) Any public utility engaging in promotional practices after the effectiv…

23 CAR § 460-104. Standards governing promotional practices. The following standards shall govern the utility’s promotional practices: (1)(A) A promotional practice must be in the public interest. (B) In determining whether a practice is in the public interest, the Arkansas Publi…