Arkansas Administrative Code

23 CAR § 460-108. Biennial report. (a) After approval by the Arkansas Public Service Commission of any public utility’s promotional practices, each public utility engaging in approved promotional practices shall file with the Arkansas Public Service Commission every two (2) years…

23 CAR § 460-109. Transition period. (a)(1) Pursuant to 23 CAR § 460-103, all promotional practices of electric and gas utilities are prohibited unless approval has been granted by the Arkansas Public Service Commission. (2) In order to provide an orderly transition from the 1971…

23 CAR § 461-101. Purpose. (a)(1) In the Energy Conservation Endorsement Act of 1977, Arkansas Code § 23-3-401 et seq., the General Assembly recognized that “enormous amounts of energy are wasted by consumers of all classes and economic levels due to inadequate insulation of buil…

23 CAR § 461-102. Benefits and objectives of energy efficiency programs. (a)(1) An overriding focus for any energy efficiency initiative should be the benefits and objectives of the initiative. (2) The overall objectives of the initiative are to: (A) Encourage and enable utility …

23 CAR § 461-103. Definitions. As used in this part: (1) “Administrator” means the entity responsible for creating and managing an energy efficiency program or portfolio of programs; (2)(A) “Cost-effective” means a standard used to describe a net beneficial result for programs to…

23 CAR § 461-104. Administration and implementation of energy efficiency programs. (a)(1) All electric and gas utilities in Arkansas under the jurisdiction of the Arkansas Public Service Commission shall propose and be responsible for the administration and implementation of cost…

23 CAR § 461-105. Plan filing requirements. (a) General requirements. (1) Administrators shall propose: (A) General program designs; (B) Specific programs; and (C) Specific measures. (2) Administrators may propose programs and/or measures in any combination. (3) All programs shou…

23 CAR § 461-106. Benefit/cost tests. (a)(1) Administrators shall present sufficiently detailed calculations, sensitivity analyses, and supporting testimony of the effect of the proposed conservation and energy efficiency program using each of the following tests set forth in the…

23 CAR § 461-107. Cost recovery. (a)(1) Cost recovery of conservation and energy efficiency programs shall be in accordance with the provisions of the Energy Conservation Endorsement Act of 1977, Arkansas Code § 23-3-401 et seq. (2) Cost recovery: (A) Shall be limited to the incr…

23 CAR § 461-108. Program plans. (a)(1) Program plans: (A) Shall cover at least one (1) year; and (B) May cover up to three (3) years. (2) All programs filed by gas and electric utilities should be consistent and should be fuel-neutral, i.e., they should be compliant with the Ark…

23 CAR § 461-109. Annual reporting requirements. (a) By May 1 annually, each electric and gas utility shall file an annual report addressing the performance of all approved conservation and energy efficiency programs. (b) The report shall: (1) Present the: (A) Results of the pres…

23 CAR § 461-110. Records. (a) All energy efficiency measures are subject to inspection by the Arkansas Public Service Commission. (b)(1) All records of energy efficiency programs shall be maintained in sufficient detail to permit a thorough audit and evaluation of all program co…

23 CAR § 461-111. Opt-out/self-direct option for qualifying nonresidential business customers. (a) Opt-out customers. (1) An Arkansas nonresidential (NR) customer of an electric or natural gas public utility that is classified within sectors 31 through 33 of the North American In…

23 CAR § 461-112. Evaluation, Measurement, and Verification. (a)(1) All aspects of utility-sponsored energy efficiency efforts, including but not limited to measures, programs, and reports, are potentially subject to Evaluation, Measurement, and Verification (EM&V). (2) All EM&V …

23 CAR § 462-1001. Stocks, stock certificates, bonds, notes, and other evidences of indebtedness and creation of liens. (a) Subject matter. (1) Public utilities incorporated under the laws of this state must file a formal application for authority to issue stocks, stock certifica…

23 CAR § 462-1002. Organization, reorganization, consolidation, merger, acquisition, or stock purchase of a public utility or sale, acquisition, lease, or rent of utility plant or properties. (a) Subject matter. (1) Public utilities must file a formal application for approval of …

23 CAR § 462-1003. Merger or acquisition of control of public utilities without board. (a) The proposed merger or acquisition or attempted acquisition of control of a public utility that has not been approved by the public utility’s board of directors shall require the filing of …

23 CAR § 462-101. Purpose. The purpose of this part is to establish practices and procedures before the Arkansas Public Service Commission.

23 CAR § 462-102. Applicability. (a) This part shall apply to all practices and procedures before the Arkansas Public Service Commission unless otherwise specifically stated. (b) For any additional matters of practice or procedure having general applicability to regulated entitie…

23 CAR § 462-103. 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) “Applicant” or “petitioner” means a person who files a formal application; (…

23 CAR § 462-104. Secretary. (a) The secretary is the custodian of the Arkansas Public Service Commission's: (1) Docket records; (2) Reports; (3) Forms; (4) Rules; and (5) All other documents filed with or received by the secretary. (b)(1) All Arkansas Public Service Commission o…

23 CAR § 462-105. Staff participation. (a) Staff is: (1) A party to any docket in which it participates; and (2) Bound by and shall conform to this part in any docket in which it participates. (b) When participating in and appearing as a party in investigations at and dockets bef…

23 CAR § 462-106. Ex parte communication. In order to avoid all possibilities of prejudice, real or apparent, to the public interest and persons involved in proceedings pending before the Arkansas Public Service Commission: (1)(A) No person shall submit ex parte communications to…

23 CAR § 462-107. Show cause orders. (a) The Arkansas Public Service Commission may issue a show cause order: (1) Stating matters to be addressed; and (2) Requiring the respondent or respondents to appear and show cause why a particular order should not be issued. (b) The secreta…

23 CAR § 462-108. Fees. A list of fees authorized by statute or Arkansas Public Service Commission order shall be: (1) Posted on the Arkansas Public Service Commission’s website; and (2) Available in the secretary’s office.

23 CAR § 462-201. Rules available for public inspection. The secretary shall maintain, display, and make available for public inspection all rules and other written statements of policy or interpretations formulated, adopted, or used by the Arkansas Public Service Commission.…

23 CAR § 462-202. Adoption of rule changes — Generally. (a) As provided in this part, the Arkansas Public Service Commission may adopt, amend, or repeal any of its rules either: (1) On its own motion; or (2) Upon a formal application for rulemaking filed by any person. (b) Change…

23 CAR § 462-203. Order and notice of rulemaking. (a) Before adopting, amending, or repealing any rule, the Arkansas Public Service Commission shall: (1)(A) Issue an order and notice of rulemaking that shall give at least thirty (30) days' notice of its intended action. (B) The o…

23 CAR § 462-204. Transmission of final rule. Upon issuance of a final order adopting, amending, or repealing a rule, the secretary shall transmit the appropriate copies of the order and rule and other required documentation to the Legislative Council, the Secretary of State, and…

23 CAR § 462-205. Exemptions from this part. (a) The Arkansas Public Service Commission may grant an exemption from any of its rules: (1) If the exemption is found to be in the public interest; and (2) For good cause shown. (b) No exemption from the Arkansas Public Service Commis…

23 CAR § 462-301. Filing procedures. (a) Generally. (1)(A) All documents submitted to the Arkansas Public Service Commission for filing in a docket or to be received by the secretary shall fully conform to this part. (B) Any filing not conforming to the requirements of this part …

23 CAR § 462-302. Form and size requirements. (a) All documents submitted for filing shall be: (1) Double-spaced and a normal margin, no less than one inch (1") on all four (4) sides; and (2)(A) Numbered on each page of all filings. (B) Each page of any document filed shall be se…

23 CAR § 462-303. Title and docket number. (a) All filings shall show: (1) The venue as "Arkansas Public Service Commission"; (2) The title of the proceedings; (3) The docket number assigned; and (4) An appropriate designation (e.g., petition, motion, brief, application, complain…

23 CAR § 462-304. Official service list. (a)(1) Each party's initial pleading or other document filed in any docket shall clearly state the name, title, address, telephone number, facsimile transmission number if any, and electronic mail address if any of the individual or indivi…

23 CAR § 462-305. Incorporation by reference. (a) Whenever any rule requires a document to be filed with any pleading or other document, or in all other cases when a document filed by a party refers or cites to another document previously filed with the secretary, whether for inc…

23 CAR § 462-306. Signature and verification. (a) Pleadings, excluding testimony and exhibits, shall be signed by one (1) of the following methods: (1)(A) If the party is an individual, by the individual. (B) For all parties other than individuals, pleadings, with the exception n…

23 CAR § 462-307. Service. (a) By the Arkansas Public Service Commission. (1) Process issued by the Arkansas Public Service Commission as well as notices, complaints, rules, orders, and rules of the Arkansas Public Service Commission may be served by any person authorized to serv…

23 CAR § 462-308. Computation of time for performance or response. (a) In computing the time within which an act must be performed or a response made, the: (1) Day of the act from which the designated period of time begins to run shall not be included; and (2) Last day shall be i…

23 CAR § 462-309. Formal applications. (a) Except as otherwise provided in this part or in any other rule or order of the Arkansas Public Service Commission, a formal application shall be used to request Arkansas Public Service Commission action pursuant to: (1) This part; and (2…

23 CAR § 462-310. Motions. (a) A party may seek relief by motion, including motions available under the Arkansas Rules of Civil Procedure. (b) All motions shall be in writing and filed, except such oral motions as may be entertained by the Arkansas Public Service Commission durin…

23 CAR § 462-311. Extensions of time. (a) For good cause shown, the Arkansas Public Service Commission may grant an extension of any deadline set by rule or order. (b) Such request shall be made on or before such deadline.

23 CAR § 462-401. Representation of parties. (a) Any individual may enter an appearance on his or her own behalf in any docket before the Arkansas Public Service Commission. (b)(1) Except as provided in subsection (a) of this section, no one but a licensed attorney may represent …

23 CAR § 462-402. Intervention and limited appearance. (a) Petitions to intervene. (1) Any person whose interest may be directly affected by Arkansas Public Service Commission action and whose interest is not adequately represented by other parties may petition the Arkansas Publi…

23 CAR § 462-403. Notice generally. (a) Except as otherwise provided by rule or statute: (1) The Arkansas Public Service Commission shall fix the time and place of all hearings; and (2) Notice of the place, day, and hour of a hearing shall be served on all parties to the proceedi…

23 CAR § 462-404. Protective order of nondisclosure. (a) An applicant may file a written motion requesting that the Arkansas Public Service Commission enter a protective order of nondisclosure (“protective order”) (see also Arkansas Code § 23-2-316). (b) Timing generally. (1)(A) …

23 CAR § 462-405. Subpoenas. (a) Any commissioner, presiding officer, or the secretary may issue subpoenas requiring the attendance of a witness or the production of documentary evidence from any place in the state at any designated place for the purpose of taking the testimony o…

23 CAR § 462-406. Presiding officer. (a)(1) The presiding officer shall: (A) Control the course of the hearing; (B) Administer oaths; (C) Receive evidence; (D) Rule upon all objections and motions; (E) Receive offers of proof; (F) Hear arguments; and (G) Fix the time for filing o…