Title 23 — Public Utilities and Regulated Industries

(a) New construction or operation of equipment or facilities that are located within this state for supplying a public service or the extension of a public service within this state shall not be undertaken without first obtaining from the Arkansas Public Service Commission a cert…

A public utility shall not exercise any right or privilege under any franchise or permit, the exercise of which has been suspended or discontinued for more than one (1) year, without first obtaining from the Arkansas Public Service Commission or the Arkansas Department of Transpo…

(a) Every applicant for a certificate shall give notice of its application as the commission may require and shall file in the office of the commission evidence as shall be required by the commission to show that the applicant has received the consent, franchise, permit, ordinanc…

(a) If the applicant desires to exercise the right or privilege under a franchise, permit, ordinance, vote, or other authority which it contemplates securing or which has not then been granted to it, the applicant may apply to the commission for an order preliminary to the issuan…

(a) As used in this section:(1) “Consolidated utility district” means a consolidated utility district as defined in § 14-217-103 that owns or operates an electric system as defined in § 14-217-103; and(2) “Municipality” means a municipality as defined in § 14-202-102 that:(A) Own…

(a) Whenever any new construction or operation is undertaken or about to be begun without having secured a certificate of public convenience and necessity as required by the provisions of this act, any interested person may file a complaint with the commission. (b) The commission…

(a) If the Arkansas Public Service Commission determines that granting a certificate of public convenience and necessity is consistent with the public interest, the commission shall enter an order granting a certificate of public convenience and necessity within six (6) months af…

(a) The methods and manner in which utility services are provided by domestic public utilities to the citizens, businesses, institutions, and other utility customers in Arkansas are directly related to the continued health, safety, and welfare of the citizens of Arkansas. Homes, …

(1) As used in this subchapter, unless the context otherwise requires:(1) “Acquiring party” means a person and all affiliates of that person by whom or on whose behalf a merger or other acquisition of control referred to in § 23-3-306 is to be affected;(2) “Affiliate” means a per…

(a) If a domestic public utility seeks to acquire control of another domestic public utility which is subject to the Arkansas Public Service Commission's jurisdiction in a transaction described in § 23-3-306 for which the filing of a statement would be required, then an applicati…

(a) Any person who knowingly does or causes to be done any act, matter, or thing prohibited or declared to be unlawful by this subchapter, or who knowingly omits or fails to do any act, matter, or thing required by this subchapter, or knowingly causes such an omission or failure,…

The Arkansas Public Service Commission shall have power to perform any and all acts, and to prescribe, issue, make, amend, and rescind any orders or rules which it may find necessary or appropriate to carry out the provisions of this subchapter.

(a) Any person who acquires five percent (5%) or more of the aggregate number of the issued and outstanding voting securities of a domestic public utility, within two (2) business days thereafter, shall deliver written notice of the acquisition to the Arkansas Public Service Comm…

(a) The statement to be filed with the Arkansas Public Service Commission as required by § 23-3-306 shall be made under oath or affirmation and shall contain the following information:(1) The name and address of each acquiring party and all affiliates thereof, and:(A) If the acqu…

If any offer, request, invitation, merger, or acquisition referred to in § 23-3-306 is proposed to be made by means of a registration statement under the Securities Act of 1933, as amended, including rules and regulations promulgated thereunder, or in circumstances requiring disc…

The expense of conducting an analysis or investigation by the Arkansas Public Service Commission of the information required to be filed under § 23-3-307 shall be paid by the acquiring party within fifteen (15) days of the public hearing required by §§ 23-3-310 and 23-3-311. Expe…

(1) The Arkansas Public Service Commission shall approve any merger or other acquisition of control referred to in § 23-3-306 unless, after a public hearing thereon, it finds that one (1) or more of the following conditions will exist if the merger or other acquisition of control…

(a) The public hearing referred to in § 23-3-310 shall be commenced within thirty (30) days after the statement required by § 23-3-306 is filed. (b) (1) The place, date, and time for the public hearing shall be set by the Arkansas Public Service Commission, and notice of the hear…

Any party to a proceeding before the Arkansas Public Service Commission aggrieved by an order issued by the commission pursuant to this subchapter may apply for a rehearing pursuant to the provisions of § 23-2-422.

Any party to a proceeding before the Arkansas Public Service Commission aggrieved by an order issued by the commission in the proceeding may obtain a review of the order in the Court of Appeals pursuant to the provisions of § 23-2-423.

(a) The filing of an application for rehearing under § 23-3-312 shall not, unless specifically ordered by the Arkansas Public Service Commission, operate as a stay of the commission's order. (b) The commencement of proceedings under § 23-3-313 shall not, unless specifically order…

(a) The courts of this state are vested with jurisdiction over every person not resident, domiciled, or authorized to do business in this state who files or is required to file a notice or statement with the Arkansas Public Service Commission as required by § 23-3-306 and over al…

(a) Whenever it shall appear to the Arkansas Public Service Commission, the Attorney General, or a domestic public utility which reasonably believes itself to be the object of a tender offer or attempt to obtain control as described in § 23-3-306, that any person is engaged or ab…

This subchapter shall be known and may be cited as the “Energy Conservation Endorsement Act of 1977”.

The General Assembly finds that the United States is confronted with a severe and very real energy crisis. Simply stated, the demand for fuels has outstripped the available supplies. The President of the United States has established energy conservation as a high-priority nationa…

(1) As used in this subchapter, unless the context otherwise requires, “energy conservation programs and measures” may include, but shall not be limited to:(1) Programs of residential, commercial, or industrial insulation, including measures to facilitate the financing of such in…

It shall be considered a proper and essential function of public utilities regulated by the Arkansas Public Service Commission to engage in energy conservation programs, projects, and practices which conserve, as well as distribute, electrical energy and supplies of natural gas, …

(a) (1) (A) Except as otherwise stated in this section, the Arkansas Public Service Commission is authorized to propose, develop, solicit, approve, require, implement, and monitor measures by utility companies which cause the companies to incur costs of service and investments wh…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Commission” means the Arkansas Public Service Commission or any other state agency which may succeed to its powers;(2) “Navigable water crossing” means:(A) The crossing of a navigable waterway by a public …

Each section of this subchapter shall apply with full effect whether the river crossing proprietor, if incorporated, derives its charter from the laws of Arkansas or of any other state and regardless of whether its activities within this state are those of interstate or intrastat…

(a) The Arkansas Public Service Commission shall have jurisdiction over all navigable water crossings. (b) The commission shall have the power, authority, and responsibility, subject to the further provisions of this subchapter, to require that a navigable water crossing be const…

(1) Pursuant to the authority granted in this subchapter, the Arkansas Public Service Commission shall require any river crossing proprietor operating or proposing to operate a navigable water crossing to file a verified petition with the commission showing such data and specific…

(a) Upon the filing of a petition under § 23-3-504 by a river crossing proprietor which proposes to construct and operate a navigable water crossing, the Arkansas Public Service Commission shall fix a date for hearing the petition. (b) Unless waived by the parties, the hearing sh…

Any person, corporation, company, municipal agency, state agency, or institution whose rights or interests may be affected by such a proposed navigable water crossing may file written objections to the granting of the prayer of the petition.

(a) Upon the hearing, if it appears that the United States Secretary of the Army, or such other federal agency as may have jurisdiction to consent to the construction of erections in navigable waterways, has approved or permissively authorized the proposed navigable water crossin…

(a) When a river crossing proprietor owning or operating one (1) or more navigable water crossings in this state files with the Arkansas Public Service Commission a petition conforming to the requirements of § 23-3-504, the commission shall enter an order granting such rights to …

Rights in respect to the crossing of navigable waterways granted pursuant to the provisions of this subchapter shall be perpetual and shall inure to the benefit of the river crossing proprietor, its successors, mortgagees, and assigns. However, this subchapter shall not destroy, …

The Arkansas Public Service Commission shall require the applicant to pay all costs and expenses of a proceeding under this subchapter.

(a) Any party to a proceeding conducted pursuant to this subchapter before the Arkansas Public Service Commission, within twenty (20) days after a final order is made, may file a petition with the Pulaski County Circuit Court against the commission for the purpose of having the l…

(a) The Arkansas Public Service Commission, the river crossing proprietor, or any other party to an action in the circuit court to review the order of the commission, within thirty (30) days after the entry of the final judgment of the circuit court, may appeal to the Supreme Cou…

(a) In each instance where a river crossing proprietor may desire to replace a navigable water crossing, it shall file with the Arkansas Public Service Commission a proper petition pursuant to § 23-3-504. (b) (1) Proceedings upon the petition shall be conducted under §§ 23-3-506,…

(a) The General Assembly finds that the proportion of the state's population that is without access to service by a gas utility exceeds the proportion of the population that is without access to telephone or electric utility service. Therefore, the General Assembly declares it to…

(1) As used in this subchapter:(1) “Certificate of extension project” or “certificate” means the Arkansas Public Service Commission order authorizing a gas utility seeking the order to undertake an extension project. The certificate shall be issued contemporaneously with the comm…

(a) The Arkansas Public Service Commission shall grant a certificate if it finds that the proposed extension project is of economic benefit to the gas utility and its existing ratepayers and is in the public interest. (b) Once the certificate has been granted by the commission, i…

(a) (1) Once an extension project that has been granted a certificate is placed into service and is used and useful, the gas utility may collect the excess expenditures through a rate or surcharge approved by the Arkansas Public Service Commission. The tariff and rate filing made…

(1) Certificates shall be granted under this subchapter under the following provisions and conditions:(1) (A) Only proposed extension projects are eligible for recovery of the cost of excess expenditures under this subchapter.(B) Proposed extension projects are those for which ne…

Petitions for a certificate under this subchapter are not general rate applications.

Denial of a certificate under this subchapter does not preclude recovery of the cost of excess expenditures under rates or surcharges, or both, approved pursuant to a gas utility's general rate case or other proceeding in which the Arkansas Public Service Commission finds recover…

(a) It is declared to be the policy of this state that while the development of qualifying cogeneration and small power production facilities should be encouraged, electric utilities should not be required to purchase power from the facilities at excessive rates which would resul…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Avoided costs” means the costs to an electric utility of electric energy or capacity, or both, that, but for the purchase from the qualifying facility or qualifying facilities, the utility would generate i…