Recovery of advanced energy technologies and feasibility studies under strategic investments rider — Definition

Ark. Code Ann. § 23-4-1308 — under Regulation of Rates and Charges Generally.

Ark. Code Ann. § 23-4-1308

(a) (1) (A) Upon a finding by the Arkansas Public Service Commission that advanced energy technologies are in the public interest, a public utility may elect to pursue strategic investments in the advanced energy technologies and shall recover strategic investments in the advanced energy technologies through the rider obtained under this subchapter after 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., a notice under § 23-18-104, or any other application related to the siting or prudence of the decision to invest in strategic investments.(B) The commission may find that advanced energy technologies are in the public interest under subdivision (a)(1)(A) of this section by considering whether those advanced energy technologies are:(i) Technically feasible;(ii) Commercially and financially viable; and(iii) Otherwise beneficial to customers in Arkansas.(2) (A) A facility using advanced energy technologies that are in use by a public utility in Arkansas to serve customers, including without limitation nuclear generation or hydroelectric generation, pumped or run-of-river, is not subject to subdivision (a)(1)(A) of this section.(B) A public utility may recover the costs of feasibility studies and strategic investments in advanced energy technologies that are currently being used or have been used by the public utility in Arkansas to serve customers through a rider obtained under this subchapter.(3) As used in this section, “advanced energy technologies” includes without limitation:(A) Modular nuclear reactors;(B) New technologies for nuclear generation technologies;(C) Hydrogen-fueled generation technologies;(D) Geothermal generation technologies;(E) Renewable natural gas technologies;(F) Hydrogen technologies;(G) Biomass generation technologies;(H) Hydroelectric generation technologies; and(I) Emissions capture and sequestration equipment or facilities associated with any new or existing major utility facility as defined in the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., or other electric transmission facilities or natural gas transmission facilities by a public utility that are:(i) Required by state law or rule or federal regulation;(ii) Paid for in total or in part by a customer or customers through a special rate contract, a contribution in aid of construction, or other form of payment; or(iii) Otherwise found by the commission to be in the public interest.

(1) (A) Upon a finding by the Arkansas Public Service Commission that advanced energy technologies are in the public interest, a public utility may elect to pursue strategic investments in the advanced energy technologies and shall recover strategic investments in the advanced energy technologies through the rider obtained under this subchapter after 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., a notice under § 23-18-104, or any other application related to the siting or prudence of the decision to invest in strategic investments.(B) The commission may find that advanced energy technologies are in the public interest under subdivision (a)(1)(A) of this section by considering whether those advanced energy technologies are:(i) Technically feasible;(ii) Commercially and financially viable; and(iii) Otherwise beneficial to customers in Arkansas.

(A) Upon a finding by the Arkansas Public Service Commission that advanced energy technologies are in the public interest, a public utility may elect to pursue strategic investments in the advanced energy technologies and shall recover strategic investments in the advanced energy technologies through the rider obtained under this subchapter after 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., a notice under § 23-18-104, or any other application related to the siting or prudence of the decision to invest in strategic investments.

(B) The commission may find that advanced energy technologies are in the public interest under subdivision (a)(1)(A) of this section by considering whether those advanced energy technologies are:(i) Technically feasible;(ii) Commercially and financially viable; and(iii) Otherwise beneficial to customers in Arkansas.

(i) Technically feasible;

(ii) Commercially and financially viable; and

(iii) Otherwise beneficial to customers in Arkansas.

(2) (A) A facility using advanced energy technologies that are in use by a public utility in Arkansas to serve customers, including without limitation nuclear generation or hydroelectric generation, pumped or run-of-river, is not subject to subdivision (a)(1)(A) of this section.(B) A public utility may recover the costs of feasibility studies and strategic investments in advanced energy technologies that are currently being used or have been used by the public utility in Arkansas to serve customers through a rider obtained under this subchapter.

(A) A facility using advanced energy technologies that are in use by a public utility in Arkansas to serve customers, including without limitation nuclear generation or hydroelectric generation, pumped or run-of-river, is not subject to subdivision (a)(1)(A) of this section.

(B) A public utility may recover the costs of feasibility studies and strategic investments in advanced energy technologies that are currently being used or have been used by the public utility in Arkansas to serve customers through a rider obtained under this subchapter.

(3) As used in this section, “advanced energy technologies” includes without limitation:(A) Modular nuclear reactors;(B) New technologies for nuclear generation technologies;(C) Hydrogen-fueled generation technologies;(D) Geothermal generation technologies;(E) Renewable natural gas technologies;(F) Hydrogen technologies;(G) Biomass generation technologies;(H) Hydroelectric generation technologies; and(I) Emissions capture and sequestration equipment or facilities associated with any new or existing major utility facility as defined in the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., or other electric transmission facilities or natural gas transmission facilities by a public utility that are:(i) Required by state law or rule or federal regulation;(ii) Paid for in total or in part by a customer or customers through a special rate contract, a contribution in aid of construction, or other form of payment; or(iii) Otherwise found by the commission to be in the public interest.

(A) Modular nuclear reactors;

(B) New technologies for nuclear generation technologies;

(C) Hydrogen-fueled generation technologies;

(D) Geothermal generation technologies;

(E) Renewable natural gas technologies;

(F) Hydrogen technologies;

(G) Biomass generation technologies;

(H) Hydroelectric generation technologies; and

(I) Emissions capture and sequestration equipment or facilities associated with any new or existing major utility facility as defined in the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., or other electric transmission facilities or natural gas transmission facilities by a public utility that are:(i) Required by state law or rule or federal regulation;(ii) Paid for in total or in part by a customer or customers through a special rate contract, a contribution in aid of construction, or other form of payment; or(iii) Otherwise found by the commission to be in the public interest.

(i) Required by state law or rule or federal regulation;

(ii) Paid for in total or in part by a customer or customers through a special rate contract, a contribution in aid of construction, or other form of payment; or

(iii) Otherwise found by the commission to be in the public interest.

(b) A public utility shall monitor and evaluate advancements in modular nuclear reactors and other new nuclear generation technologies and evaluate the resources as part of the public utility's resource planning once those technologies become in the public interest considering without limitation whether or not those technologies become technically feasible, commercially and financially viable, and otherwise beneficial to customers in Arkansas.

(c) For strategic investments approved by the commission, a public utility may elect to, and upon election may, recover strategic investments in advanced energy technologies and feasibility studies through a rider under this section.

(d) (1) Upon election by a public utility, the commission shall authorize a public utility to recover the reasonable and prudently incurred costs of studying the feasibility of advanced energy technologies, including the cost of engineering and economic analyses to assess the technical, financial, and commercial feasibility of implementing and using advanced energy technologies to serve customers in Arkansas through the rider to recover strategic investments under this section for feasibility studies of advanced energy technologies associated with strategic investments that are approved by the commission.(2) For all other feasibility studies of advanced energy technologies, the commission shall authorize a public utility to recover the reasonable and prudently incurred cost of the feasibility study and shall determine the form and timing of recovery through rates charged to customers.

(1) Upon election by a public utility, the commission shall authorize a public utility to recover the reasonable and prudently incurred costs of studying the feasibility of advanced energy technologies, including the cost of engineering and economic analyses to assess the technical, financial, and commercial feasibility of implementing and using advanced energy technologies to serve customers in Arkansas through the rider to recover strategic investments under this section for feasibility studies of advanced energy technologies associated with strategic investments that are approved by the commission.

(2) For all other feasibility studies of advanced energy technologies, the commission shall authorize a public utility to recover the reasonable and prudently incurred cost of the feasibility study and shall determine the form and timing of recovery through rates charged to customers.