Arkansas Administrative Code

23 CAR § 462-407. Hearings. (a)(1) The Arkansas Public Service Commission may call a hearing to assist it in deciding any matter. (2) Any matter may be decided without a hearing based on the filed materials unless a hearing is required by law or any rule. (b) The conduct of the h…

23 CAR § 462-408. Evidence. (a) The rules of evidence shall not strictly apply in Arkansas Public Service Commission proceedings. (b)(1) The Arkansas Public Service Commission may take official notice of any document, fact, or circumstance that may be officially noticed in an adm…

23 CAR § 462-409. Post-hearing evidence. (a) The evidentiary record shall normally be closed at the conclusion of the hearing on the merits. (b) However, the Arkansas Public Service Commission may require: (1) The production of further evidence upon any issue; and (2) That the ev…

23 CAR § 462-410. Stipulations and settlements. (a) Procedure. (1) Parties may stipulate to the resolution of any issue of law or fact or settle upon an acceptable disposition of a proceeding or some portion thereof with or without resolving material issues. (2)(A) Parties shall …

23 CAR § 462-411. Adjournment and closing. (a)(1) The Arkansas Public Service Commission may adjourn a hearing to any future date or place. (2) Such adjournment shall be noted in the record and further notice shall not be required. (b) A hearing shall be deemed concluded when the…

23 CAR § 462-412. Briefs and oral argument. (a) At its discretion, the Arkansas Public Service Commission may allow the filing of briefs or oral arguments, and if allowed: (1) Shall fix the time for the: (A) Filing of briefs; or (B) Hearing of such argument; and (2) May impose re…

23 CAR § 462-413. Reciprocity of final orders between states. If a regulatory agency of some state other than Arkansas renders a final order after a hearing on the merits has been held by that other state's regulatory agency and if the number of customers in Arkansas affected by …

23 CAR § 462-414. Rehearing. (a) Rehearing of any Arkansas Public Service Commission order shall be pursuant to Arkansas Code § 23-2-422. (b)(1) If any party applies for a rehearing based in whole or in part on additional evidence that was not a part of the original record, the p…

23 CAR § 462-501. Purpose. (a) This subpart is intended to: (1) Promote just, economical, and expeditious discovery; and (2) Facilitate the disposition of dockets and investigations by providing an orderly means by which the parties may obtain relevant information in an efficient…

23 CAR § 462-502. Scope of discovery. (a)(1) Unless otherwise limited or expanded by order, parties may obtain discovery regarding any matter, not privileged, relevant to the issues in the docket. (2) Control of the scope, frequency of use, and extent of discovery rests in the Ar…

23 CAR § 462-503. Discovery methods. (a) Any party to the extent relevant and material to the issues as to which intervention has been granted may obtain discovery by one (1) or more of the following methods: (1) Depositions upon oral examination or written questions; (2) Written…

23 CAR § 462-504. Supplementation of responses. (a) All discovery pursuant to this subpart shall be considered continuing, and a party is under a duty to timely amend a prior response to a data request if the: (1) Party learns that the response is in some material respect incompl…

23 CAR § 462-505. Sequence, timing, and format of discovery. (a) Discovery sequence. (1) Any party may conduct discovery in any sequence by any method permitted under this subpart. (2) The fact that a party is conducting discovery shall not operate to delay discovery by another p…

23 CAR § 462-506. Depositions. (a) A deposition upon oral examination or on written questions pursuant to this part may be taken as provided in Rules 27, 28, 30, and 31 of the Arkansas Rules of Civil Procedure. (b) Depositions shall not be taken before the time set for the filing…

23 CAR § 462-507. Stipulating as to discovery procedures. Unless otherwise ordered, parties may agree in writing to modify these procedures for discovery.

23 CAR § 462-508. Arkansas Public Service Commission or staff requests for information in undocketed matters. In the discharge of its investigative duties in undocketed matters, the Arkansas Public Service Commission or staff may obtain discovery regarding any matter subject to t…

23 CAR § 462-509. Interrogatories. (a) Procedures for use. (1) Any party may serve on any other party written interrogatories to be answered by the party served. (2) Each interrogatory shall be answered separately and fully in writing unless it is objected to, in which case the r…

23 CAR § 462-510. Production of documents and things and entry upon land for inspection and other purposes. (a) Scope. Any party may serve on any other party a request: (1) To produce and permit the party making the request, or someone acting on his or her behalf, to inspect and …

23 CAR § 462-511. Requests for admissions. (a) Scope and form. (1) A party may serve upon any other party a written request for admission of the truth of any matters within the scope of 23 CAR § 462-502 or set forth in the request that relate to statements, representations, or op…

23 CAR § 462-512. Failure to make discovery — Sanctions. (a) Motion for order compelling discovery. After a good faith effort to seek resolution of a discovery dispute, a party upon reasonable notice to all parties and all persons affected thereby may apply for an order compellin…

23 CAR § 462-601. Subject matter. If a certificate of public convenience and necessity (CCN) is required by Arkansas Code § 23-3-201 et seq. or a certificate of environmental compatibility and public need (CECPN) is required by the Utility Facility Environmental and Economic Prot…

23 CAR § 462-602. Allocated area. Where the Arkansas Public Service Commission has by its order authorized a public utility to serve within a municipality, territorial district, or other geographic area, hereinafter called an allocated area, such order shall be considered a CCN t…

23 CAR § 462-603. Notice of filing. (a) Certificate of public convenience and necessity — New construction for electric and natural gas utilities. (1) The applicant shall, no less than ten (10) days before filing the application, notify each owner of record or the person to whom …

23 CAR § 462-604. Deadlines for intervention and limited appearance. (a) This section applies to dockets pertaining to: (1) CECPN applications (23 CAR § 462-606); (2) CCN applications by an electric utility for new construction (23 CAR § 462-607); and (3) CCN applications by a na…

23 CAR § 462-605. Action on nonconstruction or completion. (a) If any construction authorized by a CCN or a CECPN is not started within four (4) months from the date of the certificate, the utility shall file a statement stating: (1) Why the construction was not started; and (2) …

23 CAR § 462-606. Certificates of environmental compatibility and public need. (a) An application for a CECPN shall, in addition to the exhibits, documents, or other information required by statute, include: (1) A statement of the facts and circumstances upon which applicant reli…

23 CAR § 462-607. Certificates of public convenience and necessity — Electric utilities. (a) New construction or operation. An application for a CCN for new construction or operation by any electric utility shall include: (1) Facts showing that the proposed new construction is or…

23 CAR § 462-608. Certificate of public convenience and necessity — Natural gas utilities. (a) An application for a CCN for new construction or operation by a natural gas utility shall include: (1) A statement of the facts showing the: (A) Proposed operation or construction is or…

23 CAR § 462-609. Certificates of public convenience and necessity — Local exchange carriers. (a) Request for unallocated area or areas. (1)(A) An LEC may request that the Arkansas Public Service Commission allocate a geographic area or areas not previously allocated to that util…

23 CAR § 462-610. Certificate of public convenience and necessity — Telecommunications providers excluding local exchange carriers. An application for a CCN by a telecommunications provider other than an LEC shall include: (1) The name and address of the telecommunications provid…

23 CAR § 462-611. Petition process for Class B or lower water and sewer companies. (a) This section governs the process by which a Class B or lower water or sewer company may become subject to regulation as a public utility under Arkansas Code § 23-1-101(9)(G). (b) Petition proce…

23 CAR § 462-612. Notification of utility name change. (a)(1) A public utility shall file a notice of name change at least fifteen (15) days before the effective date of a name change. (2) Name changes shall include changes to the name of the business organization as well as the …

23 CAR § 462-613. Annual reporting requirements. (a) Each jurisdictional utility shall submit an annual report on the form required by the Arkansas Public Service Commission by March 31 for the preceding calendar year ending December 31 in accordance with Arkansas Code §§ 23-2-30…

23 CAR § 462-614. Annual fee requirements. (a)(1) In accordance with Arkansas Code § 23-3-110, on or before August 15 annually the Arkansas Public Service Commission shall prepare and transmit to each jurisdictional utility a statement of the fees due for utilities costs during t…

23 CAR § 462-615. Revocation of CCN and other penalties. (a) The Arkansas Public Service Commission may assess a civil sanction in accordance with Arkansas Code § 23-1-103 and/or revoke the CCN of a utility for failure of the utility to timely file its annual report pursuant to A…

23 CAR § 462-616. Cancellation of CCN — Telecommunications providers. (a)(1) A telecommunications provider requesting cancellation of its CCN to operate shall file written notice in the docket originally approving the CCN. (2) The notice shall certify that the telecommunications …

23 CAR § 462-701. Applicability. (a) 23 CAR § 462-709 applies to telecommunications providers except for nonelecting ILECs. (b) The remaining rules in this subpart apply to nonelecting ILECs and the other regulated public utilities except as otherwise noted.

23 CAR § 462-702. Procedure for filing tariffs. (a) The tariff shall: (1)(A) Be accompanied by a letter of transmittal describing the: (i) Purpose of the tariff; and (ii) Docket number, if known; (B) Tariffs intended to revise or supplement rates or schedules that constitute a pa…

23 CAR § 462-703. Form and content of tariffs. (a) Each utility shall have tariffs containing the following information on file with the Arkansas Public Service Commission and available for inspection by customers in each utility business office open to the public (see also 23 CA…

23 CAR § 462-704. Intervention deadline for tariff dockets. Except for good cause shown, any petition to intervene in a tariff (TF) docket shall be filed within fifteen (15) days of the filing of the tariff.

23 CAR § 462-705. Time for filing of testimony. (a) Unless otherwise provided in an Arkansas Public Service Commission order or pursuant to the terms of an approved tariff, within twenty (20) days of the date upon which a new TF docket has been initiated, staff shall file and oth…

23 CAR § 462-706. Effective date of tariffs. (a)(1) Unless otherwise provided in an Arkansas Public Service Commission order or pursuant to the terms of an approved tariff, tariffs become effective thirty (30) days after filing. (2) See Arkansas Code § 23-4-402. (b) The date of a…

23 CAR § 462-707. Failure to comply. Failure to comply with any rule, statute, or order regarding tariff filings may be the basis for rejection of any filing.

23 CAR § 462-708. Tariffs to comply with rules, statutes, and orders. The Arkansas Public Service Commission may require a utility to revise its existing tariffs to comply with any rule, statute, or order.

23 CAR § 462-709. Telecommunications rates not yet subject to Arkansas Public Service Commission approval. No tariffs or filings are required for commercial mobile radio service providers unless such providers are ILECs using radio technologies to provide basic local exchange ser…

23 CAR § 462-801. Purpose. (a) Purpose. (1) This subpart: (A) Sets forth certain ongoing standards and requirements regarding accounting information and recordkeeping; and (B) Defines the specific financial and statistical information that must be filed by a jurisdictional public…

23 CAR § 462-802. Uniform system of accounts. All jurisdictional public utilities shall adhere to the applicable uniform system of accounts in maintaining their books and records.

23 CAR § 462-803. Production of out-of-state books and records. (a) A jurisdictional public utility shall produce or deliver in this state or in another mutually agreeable location all or any of its formal accounting records and related documents the Arkansas Public Service Commi…

23 CAR § 462-804. Separation of nonjurisdictional properties, revenues, and expenses. (a) Utility properties, operating revenues, and operating expenses associated with providing a utility's service not subject to the Arkansas Public Service Commission’s jurisdiction must be spec…

23 CAR § 462-805. Staff assistance in preparing a filing. (a) The staff, consistent with other workload requirements, may provide general guidance when needed to an applicant in preparing a filing. (b) Applicants desiring guidance are encouraged to inform the staff of their inten…