(a) An electric distribution cooperative or an electric generation and transmission cooperative electing to file with the Arkansas Public Service Commission a rider under this subchapter to recover strategic investments not otherwise included in rates previously approved by the commission may file an application to implement the rider any time within twelve (12) months after:(1) A commission order approving an application under § 23-3-201 et seq. or the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., or a notice under § 23-18-104; or(2) Any other application related to the siting or prudence of the decision to invest in the strategic investments.
(1) A commission order approving an application under § 23-3-201 et seq. or the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., or a notice under § 23-18-104; or
(2) Any other application related to the siting or prudence of the decision to invest in the strategic investments.
(b) (1) An electric distribution cooperative or an electric generation and transmission cooperative shall file an annual update to the rider under this subchapter to reflect the annual expenditures plus an update to any projections included in the rider under this subchapter to recover strategic investments.(2) An electric distribution cooperative's or an electric generation and transmission cooperative's recovery through the rider shall be limited to the amounts identified by the electric distribution cooperative or the electric generation and transmission cooperative in the proceeding in which the commission approved the strategic investments unless a greater amount is subsequently authorized by the commission.
(1) An electric distribution cooperative or an electric generation and transmission cooperative shall file an annual update to the rider under this subchapter to reflect the annual expenditures plus an update to any projections included in the rider under this subchapter to recover strategic investments.
(2) An electric distribution cooperative's or an electric generation and transmission cooperative's recovery through the rider shall be limited to the amounts identified by the electric distribution cooperative or the electric generation and transmission cooperative in the proceeding in which the commission approved the strategic investments unless a greater amount is subsequently authorized by the commission.
(c) The annual update required under subdivision (b)(1) of this section shall include the amounts stated in this section for strategic investments following subsequent orders from the commission approving strategic investments.
(d) An electric distribution cooperative or an electric generation and transmission cooperative shall immediately notify the commission of any significant delays or material changes in the construction schedule to include any strategic investments that are abandoned before completion or for which construction has been indefinitely suspended or material changes in costs of any strategic investments recovered through the rider in this subsection.
(e) (1) An electric distribution cooperative or an electric generation and transmission cooperative shall remove from the rider under this subchapter the cost of any strategic investments that are abandoned before completion or for which construction has been indefinitely suspended unless the commission determines, based on substantial evidence provided by the electric distribution cooperative or the electric generation and transmission cooperative, that:(A) The costs were reasonable and prudently incurred at the time those costs were incurred;(B) Continued recovery through the rider under this subchapter remains reasonable;(C) The circumstance of the abandonment before completion or indefinite construction suspension is reasonable; and(D) Recovery of those costs is in the public interest.(2) Upon removal of any costs for strategic investments that are abandoned or for which construction has been indefinitely suspended, an electric distribution cooperative or an electric generation and transmission cooperative may seek recovery of those costs through rates if the commission determines, based on substantial evidence provided by the electric distribution cooperative or the electric generation and transmission cooperative, that:(A) The costs were reasonable and prudently incurred at the time those costs were incurred;(B) The circumstance of the abandonment before completion or indefinite construction suspension is reasonable; and(C) Recovery of those costs is in the public interest.(3) (A) An electric distribution cooperative or an electric generation and transmission cooperative may request recovery of any costs for strategic investments that are abandoned before completion or for which construction has been indefinitely suspended and that are removed from recovery through the rider under this subchapter in a separate proceeding.(B) The commission shall determine:(i) Whether recovery of those costs is in the public interest; and(ii) The form and timing of recovery through rates charged to customers.
(1) An electric distribution cooperative or an electric generation and transmission cooperative shall remove from the rider under this subchapter the cost of any strategic investments that are abandoned before completion or for which construction has been indefinitely suspended unless the commission determines, based on substantial evidence provided by the electric distribution cooperative or the electric generation and transmission cooperative, that:(A) The costs were reasonable and prudently incurred at the time those costs were incurred;(B) Continued recovery through the rider under this subchapter remains reasonable;(C) The circumstance of the abandonment before completion or indefinite construction suspension is reasonable; and(D) Recovery of those costs is in the public interest.
(A) The costs were reasonable and prudently incurred at the time those costs were incurred;
(B) Continued recovery through the rider under this subchapter remains reasonable;
(C) The circumstance of the abandonment before completion or indefinite construction suspension is reasonable; and
(D) Recovery of those costs is in the public interest.
(2) Upon removal of any costs for strategic investments that are abandoned or for which construction has been indefinitely suspended, an electric distribution cooperative or an electric generation and transmission cooperative may seek recovery of those costs through rates if the commission determines, based on substantial evidence provided by the electric distribution cooperative or the electric generation and transmission cooperative, that:(A) The costs were reasonable and prudently incurred at the time those costs were incurred;(B) The circumstance of the abandonment before completion or indefinite construction suspension is reasonable; and(C) Recovery of those costs is in the public interest.
(A) The costs were reasonable and prudently incurred at the time those costs were incurred;
(B) The circumstance of the abandonment before completion or indefinite construction suspension is reasonable; and
(C) Recovery of those costs is in the public interest.
(3) (A) An electric distribution cooperative or an electric generation and transmission cooperative may request recovery of any costs for strategic investments that are abandoned before completion or for which construction has been indefinitely suspended and that are removed from recovery through the rider under this subchapter in a separate proceeding.(B) The commission shall determine:(i) Whether recovery of those costs is in the public interest; and(ii) The form and timing of recovery through rates charged to customers.
(A) An electric distribution cooperative or an electric generation and transmission cooperative may request recovery of any costs for strategic investments that are abandoned before completion or for which construction has been indefinitely suspended and that are removed from recovery through the rider under this subchapter in a separate proceeding.
(B) The commission shall determine:(i) Whether recovery of those costs is in the public interest; and(ii) The form and timing of recovery through rates charged to customers.
(i) Whether recovery of those costs is in the public interest; and
(ii) The form and timing of recovery through rates charged to customers.
(f) (1) (A) An electric distribution cooperative's or an electric generation and transmission cooperative's total amount of revenue increase from an annual update to the rider under this subchapter shall not result in the electric distribution cooperative's or the electric generation and transmission cooperative's rates exceeding a level ten percent (10%) below the national average for all sectors calculated using the same method as that used by the United States Energy Information Administration and published in its most recent editions of the Electric Power Annual report for electric public utilities as adopted by the commission by rule and calculated using data from the same calendar year as the United States Energy Information Administration publication to which the electric distribution cooperative's or the electric generation and transmission cooperative's revenue increase is compared.(B) If an electric distribution cooperative or an electric generation and transmission cooperative provides substantial evidence demonstrating that the electric distribution cooperative's or the electric generation and transmission cooperative's rates will remain capable of attracting or retaining economic development opportunities for the state even if the rates exceed a level of ten percent (10%) below national average and that doing so is in the public interest, then the commission shall approve the revenue increase.(2) (A) If the commission approves a revenue increase for an electric distribution cooperative or an electric generation and transmission cooperative from an annual update to the rider under this subchapter that results in the electric distribution cooperative's or the electric generation and transmission cooperative's rates exceeding a level ten percent (10%) below the national average, the commission shall submit a letter to the cochairs of the Legislative Council notifying the General Assembly that the commission has approved a revenue increase for the electric distribution cooperative or the electric generation and transmission cooperative from an annual update to the rider under this subchapter that has resulted in the electric distribution cooperative's or the electric generation and transmission cooperative's total rates, inclusive of all riders, that exceeds a level ten percent (10%) below the national average.(B) Unless the commission approves an increase in the total amount of revenue increase from an annual update to the rider under this subchapter that exceeds a level ten percent (10%) below the national average for all sectors under subdivision (f)(1)(A) of this section, the electric distribution cooperative or the electric generation and transmission cooperative shall adjust an annual update as required under subsections (a)-(c) of this section to include only a revenue increase that results in rates that are ten percent (10%) below the national average.(C) The commission shall verify that an annual update to the rider under subsections (a)-(c) of this section does not include a revenue increase that results in rates exceeding a level ten percent (10%) below the national average unless it authorizes a greater amount under subdivision (f)(1)(A) of this section.
(1) (A) An electric distribution cooperative's or an electric generation and transmission cooperative's total amount of revenue increase from an annual update to the rider under this subchapter shall not result in the electric distribution cooperative's or the electric generation and transmission cooperative's rates exceeding a level ten percent (10%) below the national average for all sectors calculated using the same method as that used by the United States Energy Information Administration and published in its most recent editions of the Electric Power Annual report for electric public utilities as adopted by the commission by rule and calculated using data from the same calendar year as the United States Energy Information Administration publication to which the electric distribution cooperative's or the electric generation and transmission cooperative's revenue increase is compared.(B) If an electric distribution cooperative or an electric generation and transmission cooperative provides substantial evidence demonstrating that the electric distribution cooperative's or the electric generation and transmission cooperative's rates will remain capable of attracting or retaining economic development opportunities for the state even if the rates exceed a level of ten percent (10%) below national average and that doing so is in the public interest, then the commission shall approve the revenue increase.
(A) An electric distribution cooperative's or an electric generation and transmission cooperative's total amount of revenue increase from an annual update to the rider under this subchapter shall not result in the electric distribution cooperative's or the electric generation and transmission cooperative's rates exceeding a level ten percent (10%) below the national average for all sectors calculated using the same method as that used by the United States Energy Information Administration and published in its most recent editions of the Electric Power Annual report for electric public utilities as adopted by the commission by rule and calculated using data from the same calendar year as the United States Energy Information Administration publication to which the electric distribution cooperative's or the electric generation and transmission cooperative's revenue increase is compared.
(B) If an electric distribution cooperative or an electric generation and transmission cooperative provides substantial evidence demonstrating that the electric distribution cooperative's or the electric generation and transmission cooperative's rates will remain capable of attracting or retaining economic development opportunities for the state even if the rates exceed a level of ten percent (10%) below national average and that doing so is in the public interest, then the commission shall approve the revenue increase.
(2) (A) If the commission approves a revenue increase for an electric distribution cooperative or an electric generation and transmission cooperative from an annual update to the rider under this subchapter that results in the electric distribution cooperative's or the electric generation and transmission cooperative's rates exceeding a level ten percent (10%) below the national average, the commission shall submit a letter to the cochairs of the Legislative Council notifying the General Assembly that the commission has approved a revenue increase for the electric distribution cooperative or the electric generation and transmission cooperative from an annual update to the rider under this subchapter that has resulted in the electric distribution cooperative's or the electric generation and transmission cooperative's total rates, inclusive of all riders, that exceeds a level ten percent (10%) below the national average.(B) Unless the commission approves an increase in the total amount of revenue increase from an annual update to the rider under this subchapter that exceeds a level ten percent (10%) below the national average for all sectors under subdivision (f)(1)(A) of this section, the electric distribution cooperative or the electric generation and transmission cooperative shall adjust an annual update as required under subsections (a)-(c) of this section to include only a revenue increase that results in rates that are ten percent (10%) below the national average.(C) The commission shall verify that an annual update to the rider under subsections (a)-(c) of this section does not include a revenue increase that results in rates exceeding a level ten percent (10%) below the national average unless it authorizes a greater amount under subdivision (f)(1)(A) of this section.
(A) If the commission approves a revenue increase for an electric distribution cooperative or an electric generation and transmission cooperative from an annual update to the rider under this subchapter that results in the electric distribution cooperative's or the electric generation and transmission cooperative's rates exceeding a level ten percent (10%) below the national average, the commission shall submit a letter to the cochairs of the Legislative Council notifying the General Assembly that the commission has approved a revenue increase for the electric distribution cooperative or the electric generation and transmission cooperative from an annual update to the rider under this subchapter that has resulted in the electric distribution cooperative's or the electric generation and transmission cooperative's total rates, inclusive of all riders, that exceeds a level ten percent (10%) below the national average.
(B) Unless the commission approves an increase in the total amount of revenue increase from an annual update to the rider under this subchapter that exceeds a level ten percent (10%) below the national average for all sectors under subdivision (f)(1)(A) of this section, the electric distribution cooperative or the electric generation and transmission cooperative shall adjust an annual update as required under subsections (a)-(c) of this section to include only a revenue increase that results in rates that are ten percent (10%) below the national average.
(C) The commission shall verify that an annual update to the rider under subsections (a)-(c) of this section does not include a revenue increase that results in rates exceeding a level ten percent (10%) below the national average unless it authorizes a greater amount under subdivision (f)(1)(A) of this section.
(g) The commission shall submit an annual report to the Legislative Council describing the strategic investments included in the rider under this subchapter for each electric distribution cooperative or electric generation and transmission cooperative and indicating the change in rates resulting from each electric distribution cooperative's or electric generation and transmission cooperative's annual update to the rider under this subchapter on the electric distribution cooperative's or the electric generation and transmission cooperative's rates.
(h) (1) Each electric distribution cooperative or electric generation and transmission cooperative shall submit an annual report to the commission describing the electric distribution cooperative's or the electric generation and transmission cooperative's generation portfolio mix based on the generation capacity mix and based on the energy mix.(2) The commission shall submit an annual report to the Legislative Council describing the generation portfolio mix based on the generation capacity mix and based on the energy mix for an electric distribution cooperative or an electric generation and transmission cooperative.
(1) Each electric distribution cooperative or electric generation and transmission cooperative shall submit an annual report to the commission describing the electric distribution cooperative's or the electric generation and transmission cooperative's generation portfolio mix based on the generation capacity mix and based on the energy mix.
(2) The commission shall submit an annual report to the Legislative Council describing the generation portfolio mix based on the generation capacity mix and based on the energy mix for an electric distribution cooperative or an electric generation and transmission cooperative.
(i) Once strategic investments in public utility facilities are complete and in service, an electric distribution cooperative or an electric generation and transmission cooperative shall:(1) Reconcile the actual expenditures and any projected amounts included in the rider under this subchapter to recover strategic investments;(2) Net any differences in projected amounts and actual expenditures; and(3) Either:(A) Reduce the amounts ultimately capitalized by any over-collection; or(B) Recover any under-collection through subsequent years' rider-to-recover-strategic-investments filings.
(1) Reconcile the actual expenditures and any projected amounts included in the rider under this subchapter to recover strategic investments;
(2) Net any differences in projected amounts and actual expenditures; and
(3) Either:(A) Reduce the amounts ultimately capitalized by any over-collection; or(B) Recover any under-collection through subsequent years' rider-to-recover-strategic-investments filings.
(A) Reduce the amounts ultimately capitalized by any over-collection; or
(B) Recover any under-collection through subsequent years' rider-to-recover-strategic-investments filings.
(j) For recovery through the rider, an electric distribution cooperative or an electric generation and transmission cooperative shall give priority to strategic investments in new electric generation and transmission facilities located in Arkansas, unless:(1) The electric distribution cooperative or the electric generation and transmission cooperative demonstrates and the commission finds that a strategic investment in new electric generation and transmission facilities located outside of Arkansas provides greater benefits to the electric distribution cooperative's or an electric generation and transmission cooperative's customers in Arkansas than a comparable strategic investment in new electric generation and transmission facilities located in Arkansas;(2) A comparable strategic investment in a new electric generation or transmission facility is not available or cannot be constructed in Arkansas; or(3) A customer or customers contract to pay all or a portion of the cost of the strategic investment in the resource through a special rate contract, a renewable rate schedule, a contribution in aid of construction, or other form of payment.
(1) The electric distribution cooperative or the electric generation and transmission cooperative demonstrates and the commission finds that a strategic investment in new electric generation and transmission facilities located outside of Arkansas provides greater benefits to the electric distribution cooperative's or an electric generation and transmission cooperative's customers in Arkansas than a comparable strategic investment in new electric generation and transmission facilities located in Arkansas;
(2) A comparable strategic investment in a new electric generation or transmission facility is not available or cannot be constructed in Arkansas; or
(3) A customer or customers contract to pay all or a portion of the cost of the strategic investment in the resource through a special rate contract, a renewable rate schedule, a contribution in aid of construction, or other form of payment.