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Arkansas Statutes, Title 23

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Arkansas/Statutes

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Title 23, Public Utilities and Regulated Industries

95 chapters · 3,921 sections in this title.

All chapters in Title 233,921 Ch 63, Insurance Companies Generally230 Ch 79, Insurance Policies Generally211 Ch 99, Healthcare Providers165 Ch 4, Regulation of Rates and Charges Gene…162 Ch 18, Light, Heat, and Power Utilities154 Ch 69, Domestic Stock and Mutual Insurers109 Ch 13, Motor Carriers107 Ch 17, Telephone and Telegraph Companies97 Ch 81, Life Insurance Policies And Annuities97 Ch 112, Arkansas Motor Vehicle Commission Act97 Ch 61, State Insurance Department95 Ch 48, Organization and Operation94 Ch 51, ARKANSAS TRUST INSTITUTIONS ACT OF 202589 Ch 12, Operation and Maintenance of Railroads87

162 sections·Filtered byTitle 23✕Ch 4✕

Ark. Code Ann. § 23-4-1001 Definitions
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(1) As used in this subchapter:(1) (A) “Pole attachment” means the attachment of wires and related equipment to a pole, duct, or conduit owned or controlled by a public utility for the provision of:(i) Electric service;(ii) Telecommunication service;(iii) Cable television service…
Ark. Code Ann. § 23-4-1002 Nondiscriminatory access for pole attachments
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(1) A public utility shall provide nondiscriminatory access for a pole attachment to:(1) An electric utility;(2) A telecommunications provider;(3) A cable television service;(4) A cable internet access service; or(5) A municipality. (1) An electric utility; (2) A telecommunicatio…
Ark. Code Ann. § 23-4-1003 Regulation by commission of rates, terms, and conditions
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(a) The Arkansas Public Service Commission shall regulate the rates, terms, and conditions upon which a public utility shall provide access for a pole attachment. (b) (1) The commission shall develop rules necessary for the effective regulation of the rates, terms, and conditions…
Ark. Code Ann. § 23-4-1004 Authority of commission to hear complaints

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(a) The Arkansas Public Service Commission may hear and determine all complaints arising from:(1) A public utility's failure or refusal to provide access for a pole attachment;(2) The inability of a public utility and an entity seeking access for a pole attachment to reach a volu…

Ark. Code Ann. § 23-4-1005 Certification

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(1) Upon the adoption of rules under § 23-4-1003, the Arkansas Public Service Commission shall certify to the Federal Communications Commission that:(1) The Arkansas Public Service Commission regulates the rates, terms, and conditions of access for pole attachments;(2) In regulat…

Ark. Code Ann. § 23-4-1006 Applicability

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Nothing in this subchapter shall affect the authority and jurisdiction of the Federal Communications Commission over the rates, terms, and conditions of a pole attachment until after the final certification of the Arkansas Public Service Commission under § 23-4-1005.

Ark. Code Ann. § 23-4-101 Authority of commission or department to establish rates — Exceptions

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(a) With respect to the particular public utilities and matters over which each agency has jurisdiction, the Arkansas Public Service Commission or the Arkansas Department of Transportation shall have the power, after reasonable notice and after full and complete hearing, to enfor…

Ark. Code Ann. § 23-4-102 Commission's authority over interstate rates, charges, classifications, and other actions

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(a) The Arkansas Public Service Commission shall have the power to investigate all existing or proposed interstate rates, charges, and classifications, and all rules and practices in relation thereto promulgated and prescribed by or for any public utility as defined in § 23-1-101…

Ark. Code Ann. § 23-4-103 Rates and rules to be reasonable

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All rates made, demanded, or received by any public utility, for any product or commodity furnished, or to be furnished, or any service rendered or to be rendered, and all rules made by any public utility pertaining thereto shall be just and reasonable, and to the extent that the…

Ark. Code Ann. § 23-4-104 Charges, rates, etc., to be just, reasonable, and in compliance with Acts 1919, No. 571, and Acts 1921, No. 124

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(a) All charges, tolls, fares, and rates shall be just and reasonable. (b) No charge shall be made in any tariffs, rates, fares, tolls, schedules, or classifications except as provided in this act.

Ark. Code Ann. § 23-4-105 Rate schedules — Filing

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Under such rules and regulations as the commission may prescribe, every public utility shall file with the commission, within such time and in such form as the commission may designate, schedules showing all rates established by or for it, and collected or enforced, or to be coll…

Ark. Code Ann. § 23-4-106 Rate schedules — Public inspection

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Every public utility shall keep copies of its rate schedules open to public inspection under such rules and at such places as the commission may prescribe.

Ark. Code Ann. § 23-4-107 Rate schedules — Greater or lesser rate not to be charged

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No public utility shall directly or indirectly, by any device whatsoever, charge, demand, collect, or receive from any person a greater or lesser compensation for any service rendered or to be rendered by the public utility than that prescribed in the schedules of the public util…

Ark. Code Ann. § 23-4-108 Sliding scales of rates

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(a) (1) Nothing in this act shall be taken to prohibit a public utility from establishing or entering into an agreement for a fixed period for a sliding scale or automatic adjustment of charges for public utility service in relation to the dividends to be paid to stockholders of …

Ark. Code Ann. § 23-4-109 Minimum charges

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Nothing in this act shall be construed to prohibit a public utility from filing a schedule or entering into any reasonable arrangements with its customers, or prospective customers, which provide for a minimum charge for services to be rendered, or from providing for any other fi…

Ark. Code Ann. § 23-4-110 Changes in rates under Acts 1919, No. 571, and Acts 1921, No. 124

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(a) (1) No person, firm, or corporation subject to the provisions of this act shall modify, change, cancel, or annul any rate, joint rates, fares, classifications, charges, or rentals except after thirty (30) days' notice to the public and to the municipal council or city commiss…

Ark. Code Ann. § 23-4-1101 Definitions

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(1) As used in this subchapter:(1) “Board” means the board of directors of a generation and transmission cooperative;(2) “Generation and transmission cooperative” means a rural electric cooperative formed under the Electric Cooperative Corporation Act, § 23-18-301 et seq., that:(…

Ark. Code Ann. § 23-4-1102 Exemption from general rate case procedure

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(1) A generation and transmission cooperative may modify its rates and charges if:(1) At least three-fourths (¾) of its board votes to change its rates and charges;(2) A proposed increase in the generation and transmission cooperative's rates and charges does not exceed five perc…

Ark. Code Ann. § 23-4-1103 Notification of proposed rate and charge modification

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(a) (1) A generation and transmission cooperative shall notify the Arkansas Public Service Commission, the Attorney General, and the member cooperatives in writing at least sixty (60) days before the board votes on a proposed modification of its rates and charges under § 23-4-110…

Ark. Code Ann. § 23-4-1104 Alternative procedure for modifying rates and charges of a generation and transmission cooperative

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(a) (1) (A) After the board approves the modification in rates and charges under § 23-4-1102, the generation and transmission cooperative shall file for the approval of the Arkansas Public Service Commission an application for the change in rates and charges and tariffs containin…

Ark. Code Ann. § 23-4-1105 Alternative procedure for modifying rates and charges of a member cooperative

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(a) A member cooperative may propose a modification of its retail rates and charges to incorporate the proposed change in the generation and transmission cooperative's wholesale rates and charges filed under § 23-4-1104 if:(1) The member cooperative files its application for a mo…

Ark. Code Ann. § 23-4-1107 Commission's jurisdiction not affected

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This subchapter does not affect the Arkansas Public Service Commission's jurisdiction over a generation and transmission cooperative, including without limitation the authority to investigate and set the rates and charges of the generation and transmission cooperative, or a membe…

Ark. Code Ann. § 23-4-111 Valuation of public utility property for ratemaking purposes — Definitions

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(a) As used in this section:(1) (A) “Public utility” means a public utility as that term is defined under § 23-1-101.(B) However, “public utility” does not mean an incumbent local exchange carrier that has elected to be regulated under §§ 23-17-406 — 23-17-408 or § 23-17-412;(2) …

Ark. Code Ann. § 23-4-112 Reserve accounting for storm restoration costs

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(a) This section applies to storm restoration costs incurred on or after January 1, 2009. (b) Upon application by an electric public utility and after notice and hearing, the Arkansas Public Service Commission shall permit an electric public utility to establish a storm cost rese…

Ark. Code Ann. § 23-4-1201 Title

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This subchapter shall be known and may be cited as the “Formula Rate Review Act”.

Ark. Code Ann. § 23-4-1202 Findings and intent

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(a) The General Assembly finds that:(1) Electricity and natural gas services are essential to the public health and safety of citizens of this state; and(2) Affordable electricity and natural gas encourage economic activity within the state and benefit the state's industrial, com…

Ark. Code Ann. § 23-4-1203 Definitions

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(1) As used in this subchapter:(1) (A) “Earned return rate” means a public utility's return on common equity for a formula rate review test period that is based on the numbers or values of the formula rate review test period and calculated by dividing the weighted earned common e…

Ark. Code Ann. § 23-4-1204 Formula rate review — Authorized

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(a) A formula rate review is authorized to provide an annual streamlined review of a public utility's rates to determine if adjustments are needed to comply with this subchapter. (b) An electric cooperative corporation established under the Electric Cooperative Corporation Act, §…

Ark. Code Ann. § 23-4-1205 Filing — Procedure

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(a) (1) A public utility filing an application for a general change or modification to its rates and charges under § 23-4-401 et seq., may as part of its application, file a notice with the Arkansas Public Service Commission that the public utility is electing to have its rates r…

Ark. Code Ann. § 23-4-1206 Formula rate review — Required information

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(a) A formula rate review mechanism approved by the Arkansas Public Service Commission shall specify the minimum information required with each annual rate review filing. (b) Annual formula rate review filings under an approved formula rate review mechanism shall be developed usi…

Ark. Code Ann. § 23-4-1207 Formula — Adjustment of customer rates

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(a) Customer rates shall be adjusted in a formula rate review mechanism based on a comparison of the earned return rate to the target return rate. (b) Adjustments of customer rates shall be calculated using the following formula:(1) If the earned return rate is less than the targ…

Ark. Code Ann. § 23-4-1208 Term — Formula rate review

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(a) (1) The term of any formula rate review approved by the Arkansas Public Service Commission shall not exceed five (5) years from the date of the commission's final order on the application by the public utility for a general change in rates and charges.(2) (A) (i) Upon a deter…

Ark. Code Ann. § 23-4-1209 Construction

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(a) This subchapter does not repeal any other provision in this chapter and is supplemental to other laws governing the regulation of public utility rates. (b) This subchapter shall not prohibit the Arkansas Public Service Commission from exercising its powers under any other sta…

Ark. Code Ann. § 23-4-1301 Title

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This subchapter shall be known and may be cited as the “Generating Arkansas Jobs Act of 2025”.

Ark. Code Ann. § 23-4-1302 Legislative findings

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(1) The General Assembly finds that:(1) Significant strategic investments in electric utility infrastructure and natural gas utility infrastructure are necessary to enable this state to:(A) Attract and serve economic development projects across a variety of industries;(B) Continu…

Ark. Code Ann. § 23-4-1303 Definitions

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(1) As used in this subchapter:(1) (A) “Construction work in progress” means:(i) Materials costs;(ii) Labor costs;(iii) Labor costs adders;(iv) Costs associated with third-party vendors and consultants;(v) Costs associated with procurement of real property rights;(vi) Costs assoc…

Ark. Code Ann. § 23-4-1304 Authorization to recover strategic investments through rider — Investor-owned electric utility and investor-owned natural gas utility

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(a) An investor-owned electric utility or an investor-owned natural gas utility may use a rider to recover strategic investments that are not otherwise recoverable through rates that were previously approved by the Arkansas Public Service Commission or charged by the investor-own…

Ark. Code Ann. § 23-4-1305 Procedure to recover strategic investments through riders — Investor-owned electric utility and investor-owned natural gas utility

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(a) An investor-owned electric utility or an investor-owned natural gas utility electing to file with the Arkansas Public Service Commission a rider to recover strategic investments that are not otherwise included in rates previously approved by the commission may file an applica…

Ark. Code Ann. § 23-4-1306 Authorization to recover strategic investments through rider — Electric distribution cooperative and electric generation and transmission cooperative

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(a) An electric distribution cooperative or an electric generation and transmission cooperative may obtain a rider to recover strategic investments if not otherwise recoverable in rates previously approved by the Arkansas Public Service Commission after:(1) A commission order app…

Ark. Code Ann. § 23-4-1307 Procedure to recover strategic investments through rider — Electric distribution cooperative and electric generation and transmission cooperative

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(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 c…

Ark. Code Ann. § 23-4-1308 Recovery of advanced energy technologies and feasibility studies under strategic investments rider — Definition

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(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 advance…

Ark. Code Ann. § 23-4-1309 Authorization of special rate contracts

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(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…

Ark. Code Ann. § 23-4-1310 Authorization for alternative methods of financing

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(a) An electric utility or a natural gas utility may use alternative methods of financing for the purpose of financing strategic investments under this subchapter. (b) The alternative methods of financing may include without limitation:(1) Sale-leaseback agreements;(2) Third-part…

Ark. Code Ann. § 23-4-1311 Rules

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(a) The Arkansas Public Service Commission shall amend its rules as required to implement and administer this subchapter. (b) The commission shall initiate a proceeding to establish any new rules or modify any existing rules necessary to administer this subchapter and any other a…

Ark. Code Ann. § 23-4-201 Electric, gas, telephone, or sewer utilities — Rate-making authority — Definition

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(a) (1) The Arkansas Public Service Commission is vested with the sole and exclusive jurisdiction and authority to determine the rates to be charged for each kind of product or service to be furnished or rendered by electric, gas, telephone, or sewer public utilities in Arkansas.…

Ark. Code Ann. § 23-4-202 Water, gas, or electricity bills rendered in accordance with rate schedules — Rate schedule furnished on request

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(a) It shall be unlawful for any public utility furnishing water, gas, or electricity to the general public in the State of Arkansas to bill or render statements to its customers, patrons, or consumers except in accordance with rate schedules duly filed with the Arkansas Public S…

Ark. Code Ann. § 23-4-203 Water, gas, or electricity — Utility bills must show units charged for

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(a) (1) All water, gas, or electric companies shall base their charges for their commodities upon the reading of the meters and shall charge for the commodities as per printed tables supplied to patrons.(2) The bills or statements rendered to patrons shall show the number of unit…

Ark. Code Ann. § 23-4-204 Water, gas, or electricity — Disconnecting charges unlawful — Penalty

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(a) It shall be unlawful for any public utility furnishing water, gas, or electricity to the general public to make a charge for disconnecting service. (b) Any public utility described in subsection (a) of this section which makes a charge for disconnecting service in violation o…

Ark. Code Ann. § 23-4-205 Refunds

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(a) The Arkansas Public Service Commission is hereby empowered, following notice and hearing, to order any public utility subject to its jurisdiction to make refunds. The refunds shall be made in the manner and to the extent determined just and reasonable by the commission. (b) T…

Ark. Code Ann. § 23-4-206 Interest on deposits

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(a) Whenever any person, company, or corporation furnishing patrons or consumers with power, gas, water, electricity, or telephone service shall require a deposit from the consumer before the utility will be supplied to him or her or before a meter will be installed by the person…