(a) Except as provided under subsection (c) of this section, an electric public utility subject to the jurisdiction of the Arkansas Public Service Commission shall not commence construction of any electric generating facility that is a major utility facility to be located outside the boundaries of this state without the express written approval of the commission.
(b) (1) An electric public utility proposing such construction shall render adequate written notice to the commission of its intent in order that the commission may conduct any germane inspection, investigation, public hearing, or take any other action deemed appropriate by the commission.(2) An electric public utility or natural gas public utility shall provide notice to the commission of its intent to recover any strategic investments, as defined under § 23-4-1303, subject to the Generating Arkansas Jobs Act of 2025, § 23-4-1301 et seq., as part of a public utility's notice under this section or application to construct an electric generation facility under this subchapter.
(1) An electric public utility proposing such construction shall render adequate written notice to the commission of its intent in order that the commission may conduct any germane inspection, investigation, public hearing, or take any other action deemed appropriate by the commission.
(2) An electric public utility or natural gas public utility shall provide notice to the commission of its intent to recover any strategic investments, as defined under § 23-4-1303, subject to the Generating Arkansas Jobs Act of 2025, § 23-4-1301 et seq., as part of a public utility's notice under this section or application to construct an electric generation facility under this subchapter.
(c) Failure on the part of any electric public utility to obtain prior approval of the commission, as established in this section, shall constitute grounds for disallowance by the commission of all costs and expenses associated with the construction and subsequent operation of the facility when computing the electric public utility's cost of service for purposes of any rate-making proceedings.
(d) (1) If the commission determines that approving an electric public utility's application to construct an electric generating facility located outside of Arkansas that is a major utility facility is consistent with the public interest, the commission shall enter an order granting approval of the electric public utility's application within six (6) months after the electric public utility submits its notice of intent to construct electric generating facilities under this section.(2) (A) If the commission determines that granting approval of an application to construct an electric generating facility located outside of Arkansas that is a major utility facility is not in the public interest, the commission shall enter an order.(B) In the order entered by the commission under subdivision (d)(2)(A) of this section, the commission shall discuss:(i) The basis for the commission's determination; and(ii) Any evidence or other information submitted by the electric public utility as part of its notice or application upon which the commission relied to reach that determination.(3) (A) (i) If an electric public utility submits additional evidence or other information demonstrating that the construction of an electric generating facility located outside of Arkansas that is a major utility facility is reasonable, necessary, and in the public interest, then the commission shall enter an order granting its approval within thirty (30) days after the date of the electric public utility's filing.(ii) (a) If the commission finds that the electric public utility's filing fails to comply with this subchapter, the commission shall enter an order.(b) In the order entered by the commission under subdivision (d)(3)(A)(ii)(a) of this section, the commission shall discuss:(1) The basis for the commission's findings; and(2) Any evidence or other information submitted by the electric public utility as part of its notice or application that the commission finds did not comply with this subchapter.(B) The process described in subdivision (d)(2) of this section and this subdivision (d)(3) may continue until the commission finds that:(i) The electric public utility's application complies with this subchapter;(ii) The electric public utility withdraws its application; or(iii) The electric public utility appeals the commission's decision under § 23-2-423.
(1) If the commission determines that approving an electric public utility's application to construct an electric generating facility located outside of Arkansas that is a major utility facility is consistent with the public interest, the commission shall enter an order granting approval of the electric public utility's application within six (6) months after the electric public utility submits its notice of intent to construct electric generating facilities under this section.
(2) (A) If the commission determines that granting approval of an application to construct an electric generating facility located outside of Arkansas that is a major utility facility is not in the public interest, the commission shall enter an order.(B) In the order entered by the commission under subdivision (d)(2)(A) of this section, the commission shall discuss:(i) The basis for the commission's determination; and(ii) Any evidence or other information submitted by the electric public utility as part of its notice or application upon which the commission relied to reach that determination.
(A) If the commission determines that granting approval of an application to construct an electric generating facility located outside of Arkansas that is a major utility facility is not in the public interest, the commission shall enter an order.
(B) In the order entered by the commission under subdivision (d)(2)(A) of this section, the commission shall discuss:(i) The basis for the commission's determination; and(ii) Any evidence or other information submitted by the electric public utility as part of its notice or application upon which the commission relied to reach that determination.
(i) The basis for the commission's determination; and
(ii) Any evidence or other information submitted by the electric public utility as part of its notice or application upon which the commission relied to reach that determination.
(3) (A) (i) If an electric public utility submits additional evidence or other information demonstrating that the construction of an electric generating facility located outside of Arkansas that is a major utility facility is reasonable, necessary, and in the public interest, then the commission shall enter an order granting its approval within thirty (30) days after the date of the electric public utility's filing.(ii) (a) If the commission finds that the electric public utility's filing fails to comply with this subchapter, the commission shall enter an order.(b) In the order entered by the commission under subdivision (d)(3)(A)(ii)(a) of this section, the commission shall discuss:(1) The basis for the commission's findings; and(2) Any evidence or other information submitted by the electric public utility as part of its notice or application that the commission finds did not comply with this subchapter.(B) The process described in subdivision (d)(2) of this section and this subdivision (d)(3) may continue until the commission finds that:(i) The electric public utility's application complies with this subchapter;(ii) The electric public utility withdraws its application; or(iii) The electric public utility appeals the commission's decision under § 23-2-423.
(A) (i) If an electric public utility submits additional evidence or other information demonstrating that the construction of an electric generating facility located outside of Arkansas that is a major utility facility is reasonable, necessary, and in the public interest, then the commission shall enter an order granting its approval within thirty (30) days after the date of the electric public utility's filing.(ii) (a) If the commission finds that the electric public utility's filing fails to comply with this subchapter, the commission shall enter an order.(b) In the order entered by the commission under subdivision (d)(3)(A)(ii)(a) of this section, the commission shall discuss:(1) The basis for the commission's findings; and(2) Any evidence or other information submitted by the electric public utility as part of its notice or application that the commission finds did not comply with this subchapter.
(i) If an electric public utility submits additional evidence or other information demonstrating that the construction of an electric generating facility located outside of Arkansas that is a major utility facility is reasonable, necessary, and in the public interest, then the commission shall enter an order granting its approval within thirty (30) days after the date of the electric public utility's filing.
(ii) (a) If the commission finds that the electric public utility's filing fails to comply with this subchapter, the commission shall enter an order.(b) In the order entered by the commission under subdivision (d)(3)(A)(ii)(a) of this section, the commission shall discuss:(1) The basis for the commission's findings; and(2) Any evidence or other information submitted by the electric public utility as part of its notice or application that the commission finds did not comply with this subchapter.
(a) If the commission finds that the electric public utility's filing fails to comply with this subchapter, the commission shall enter an order.
(b) In the order entered by the commission under subdivision (d)(3)(A)(ii)(a) of this section, the commission shall discuss:(1) The basis for the commission's findings; and(2) Any evidence or other information submitted by the electric public utility as part of its notice or application that the commission finds did not comply with this subchapter.
(1) The basis for the commission's findings; and
(2) Any evidence or other information submitted by the electric public utility as part of its notice or application that the commission finds did not comply with this subchapter.
(B) The process described in subdivision (d)(2) of this section and this subdivision (d)(3) may continue until the commission finds that:(i) The electric public utility's application complies with this subchapter;(ii) The electric public utility withdraws its application; or(iii) The electric public utility appeals the commission's decision under § 23-2-423.
(i) The electric public utility's application complies with this subchapter;
(ii) The electric public utility withdraws its application; or
(iii) The electric public utility appeals the commission's decision under § 23-2-423.
(e) Any electric public utility which does not own in whole or in part another electric public utility and which is not owned in whole or in part by a holding company and which derives less than twenty-five percent (25%) of its total revenues from Arkansas customers is exempt from this section.