Authorization of special rate contracts

Ark. Code Ann. § 23-4-1309 — under Regulation of Rates and Charges Generally.

Ark. Code Ann. § 23-4-1309

(a) (1) An investor-owned electric utility or an investor-owned natural gas utility may enter into a special rate contract to serve a new or existing customer location in Arkansas.(2) If the Arkansas Public Service Commission finds that the special rate contract under subdivision (a)(1) of this section is consistent with the public interest, the commission shall enter an order approving the special rate contract within ninety (90) days after an investor-owned electric utility or an investor-owned natural gas utility files an application for approval.(3) If the commission finds that a special rate contract in the application is inconsistent with the public interest under subdivision (b)(2) of this section, the commission shall:(A) Enter an order describing the provisions that are not consistent with the public interest; and(B) Provide an opportunity for the investor-owned electric utility or the investor-owned natural gas utility to file an amended application to remedy the identified insufficiencies.(4) (A) If an investor-owned electric utility or an investor-owned natural gas utility files an amended application remedying those provisions, the commission shall enter an order approving the special rate contract in the application within thirty (30) days after the investor-owned electric utility's or the investor-owned natural gas utility's filing.(B) If the commission determines that approving the special rate contract is inconsistent with the public interest, in its order denying approval of the special rate contract, the commission shall include a discussion of:(i) The basis for the commission's findings; and(ii) The specific evidence or information provided by the investor-owned electric utility or the investor-owned natural gas utility as part of its application upon which the commission relied to reach that conclusion in its order.(C) (i) If an investor-owned electric utility or an investor-owned natural gas utility submits additional evidence or other information demonstrating that the special rate contract is in the public interest, the commission shall enter an order approving the special rate contract within thirty (30) days after its filing unless the commission determines that approving the special rate contract is inconsistent with the public interest.(ii) If the commission determines that approving the special rate contract is inconsistent with the public interest, in its order denying approval of the special rate contract, the commission shall include a discussion of:(a) The basis for the commission's findings; and(b) The specific evidence or information provided by the investor-owned electric utility or the investor-owned natural gas utility as part of its application upon which the commission relied to reach that conclusion in its order.(iii) The process outlined in this subdivision (a)(4) may continue until the commission finds that:(a) Approving the special rate contract is in the public interest;(b) The investor-owned electric utility or the investor-owned natural gas utility withdraws its application; or(c) The investor-owned electric utility or the investor-owned natural gas utility appeals the commission's decision under § 23-2-423.

(1) An investor-owned electric utility or an investor-owned natural gas utility may enter into a special rate contract to serve a new or existing customer location in Arkansas.

(2) If the Arkansas Public Service Commission finds that the special rate contract under subdivision (a)(1) of this section is consistent with the public interest, the commission shall enter an order approving the special rate contract within ninety (90) days after an investor-owned electric utility or an investor-owned natural gas utility files an application for approval.

(3) If the commission finds that a special rate contract in the application is inconsistent with the public interest under subdivision (b)(2) of this section, the commission shall:(A) Enter an order describing the provisions that are not consistent with the public interest; and(B) Provide an opportunity for the investor-owned electric utility or the investor-owned natural gas utility to file an amended application to remedy the identified insufficiencies.

(A) Enter an order describing the provisions that are not consistent with the public interest; and

(B) Provide an opportunity for the investor-owned electric utility or the investor-owned natural gas utility to file an amended application to remedy the identified insufficiencies.

(4) (A) If an investor-owned electric utility or an investor-owned natural gas utility files an amended application remedying those provisions, the commission shall enter an order approving the special rate contract in the application within thirty (30) days after the investor-owned electric utility's or the investor-owned natural gas utility's filing.(B) If the commission determines that approving the special rate contract is inconsistent with the public interest, in its order denying approval of the special rate contract, the commission shall include a discussion of:(i) The basis for the commission's findings; and(ii) The specific evidence or information provided by the investor-owned electric utility or the investor-owned natural gas utility as part of its application upon which the commission relied to reach that conclusion in its order.(C) (i) If an investor-owned electric utility or an investor-owned natural gas utility submits additional evidence or other information demonstrating that the special rate contract is in the public interest, the commission shall enter an order approving the special rate contract within thirty (30) days after its filing unless the commission determines that approving the special rate contract is inconsistent with the public interest.(ii) If the commission determines that approving the special rate contract is inconsistent with the public interest, in its order denying approval of the special rate contract, the commission shall include a discussion of:(a) The basis for the commission's findings; and(b) The specific evidence or information provided by the investor-owned electric utility or the investor-owned natural gas utility as part of its application upon which the commission relied to reach that conclusion in its order.(iii) The process outlined in this subdivision (a)(4) may continue until the commission finds that:(a) Approving the special rate contract is in the public interest;(b) The investor-owned electric utility or the investor-owned natural gas utility withdraws its application; or(c) The investor-owned electric utility or the investor-owned natural gas utility appeals the commission's decision under § 23-2-423.

(A) If an investor-owned electric utility or an investor-owned natural gas utility files an amended application remedying those provisions, the commission shall enter an order approving the special rate contract in the application within thirty (30) days after the investor-owned electric utility's or the investor-owned natural gas utility's filing.

(B) If the commission determines that approving the special rate contract is inconsistent with the public interest, in its order denying approval of the special rate contract, the commission shall include a discussion of:(i) The basis for the commission's findings; and(ii) The specific evidence or information provided by the investor-owned electric utility or the investor-owned natural gas utility as part of its application upon which the commission relied to reach that conclusion in its order.

(i) The basis for the commission's findings; and

(ii) The specific evidence or information provided by the investor-owned electric utility or the investor-owned natural gas utility as part of its application upon which the commission relied to reach that conclusion in its order.

(C) (i) If an investor-owned electric utility or an investor-owned natural gas utility submits additional evidence or other information demonstrating that the special rate contract is in the public interest, the commission shall enter an order approving the special rate contract within thirty (30) days after its filing unless the commission determines that approving the special rate contract is inconsistent with the public interest.(ii) If the commission determines that approving the special rate contract is inconsistent with the public interest, in its order denying approval of the special rate contract, the commission shall include a discussion of:(a) The basis for the commission's findings; and(b) The specific evidence or information provided by the investor-owned electric utility or the investor-owned natural gas utility as part of its application upon which the commission relied to reach that conclusion in its order.(iii) The process outlined in this subdivision (a)(4) may continue until the commission finds that:(a) Approving the special rate contract is in the public interest;(b) The investor-owned electric utility or the investor-owned natural gas utility withdraws its application; or(c) The investor-owned electric utility or the investor-owned natural gas utility appeals the commission's decision under § 23-2-423.

(i) If an investor-owned electric utility or an investor-owned natural gas utility submits additional evidence or other information demonstrating that the special rate contract is in the public interest, the commission shall enter an order approving the special rate contract within thirty (30) days after its filing unless the commission determines that approving the special rate contract is inconsistent with the public interest.

(ii) If the commission determines that approving the special rate contract is inconsistent with the public interest, in its order denying approval of the special rate contract, the commission shall include a discussion of:(a) The basis for the commission's findings; and(b) The specific evidence or information provided by the investor-owned electric utility or the investor-owned natural gas utility as part of its application upon which the commission relied to reach that conclusion in its order.

(a) The basis for the commission's findings; and

(b) The specific evidence or information provided by the investor-owned electric utility or the investor-owned natural gas utility as part of its application upon which the commission relied to reach that conclusion in its order.

(iii) The process outlined in this subdivision (a)(4) may continue until the commission finds that:(a) Approving the special rate contract is in the public interest;(b) The investor-owned electric utility or the investor-owned natural gas utility withdraws its application; or(c) The investor-owned electric utility or the investor-owned natural gas utility appeals the commission's decision under § 23-2-423.

(a) Approving the special rate contract is in the public interest;

(b) The investor-owned electric utility or the investor-owned natural gas utility withdraws its application; or

(c) The investor-owned electric utility or the investor-owned natural gas utility appeals the commission's decision under § 23-2-423.

(b) (1) An investor-owned electric utility or an investor-owned natural gas utility shall be authorized to develop and implement rates and other contract provisions to recover all or part of the cost of any strategic investments necessary to serve the customer as part of the special rate contract if the investor-owned electric utility or the investor-owned natural gas utility demonstrates that doing so is in the public interest.(2) As part of a special rate contract, the investor-owned electric utility or the investor-owned natural gas utility is authorized to set forth customer rates and other contract terms attributable to all or part of the cost of any strategic investments through various cost recovery methods, including without limitation:(A) A contribution in aid of construction;(B) Any other contribution toward the cost of the strategic investments;(C) As part of the customer's monthly rate;(D) A customer prepayment or other charge;(E) Prepaid allowance for funds used during construction; or(F) As part of a minimum bill provision.

(1) An investor-owned electric utility or an investor-owned natural gas utility shall be authorized to develop and implement rates and other contract provisions to recover all or part of the cost of any strategic investments necessary to serve the customer as part of the special rate contract if the investor-owned electric utility or the investor-owned natural gas utility demonstrates that doing so is in the public interest.

(2) As part of a special rate contract, the investor-owned electric utility or the investor-owned natural gas utility is authorized to set forth customer rates and other contract terms attributable to all or part of the cost of any strategic investments through various cost recovery methods, including without limitation:(A) A contribution in aid of construction;(B) Any other contribution toward the cost of the strategic investments;(C) As part of the customer's monthly rate;(D) A customer prepayment or other charge;(E) Prepaid allowance for funds used during construction; or(F) As part of a minimum bill provision.

(A) A contribution in aid of construction;

(B) Any other contribution toward the cost of the strategic investments;

(C) As part of the customer's monthly rate;

(D) A customer prepayment or other charge;

(E) Prepaid allowance for funds used during construction; or

(F) As part of a minimum bill provision.

(c) An electric cooperative corporation that is established under the Electric Cooperative Corporation Act, § 23-18-301 et seq., including any electric generation and transmission cooperative, may facilitate the recovery of all or part of the cost in subsections (a) and (b) of this section through one (1) or more riders under this subchapter.

(d) This section does not alter or diminish the commission's authority over an electric utility's allocated service territory, including without limitation where the commission has authorized an electric utility to serve within a municipality, territorial district, or other geographic area.