Title 23 — Public Utilities and Regulated Industries

(1) The Secretary of State shall charge and collect for:(1) Filing articles of incorporation and issuing a certificate of incorporation — ten dollars ($10.00);(2) Filing of articles of amendment and issuing a certificate of amendment — ten dollars ($10.00);(3) Filing articles of …

(a) Each corporation shall be operated without profit to its members, but the rates, fees, rents, or other charges for electric energy and any other facilities, supplies, equipment, or services furnished by the corporation shall be sufficient at all times:(1) To pay all operating…

Electric cooperative corporations organized and formed pursuant to this subchapter shall be subject to the provisions of the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.

Corporations formed pursuant to this subchapter shall pay annually, on or before July 1, to the Secretary of State a fee of ten dollars ($10.00) for each one hundred (100) members or fraction thereof.

Whenever any corporation organized under this subchapter shall have borrowed money from any federal agency, the obligations issued to secure the payment of such money shall be exempt from the provisions of the Arkansas Securities Act, § 23-42-101 et seq. The provisions of the Ark…

(a) (1) The inclusion by incorporation, annexation, or otherwise of any portion of a rural area assigned to corporations within the limits of an incorporated or unincorporated city, town, or village, regardless of its population, shall not in any respect impair or affect the righ…

All waterpower in this state suitable for the purpose of producing power for all lawful purposes is, and is declared to be, inherent in and a part of the public domain. It shall vest in and be for the use of the State of Arkansas and the people thereof for its and their use and b…

(a) Any person or corporation organized under the laws of this state for the purpose of producing power for any lawful purpose, who or which has procured a charter from this state for the development and operation of electric power plants from waterpower and owns a natural, pract…

(a) When a person or corporation is ready to proceed with the construction of his or her or its dam, he or she or it shall present to the Arkansas Public Service Commission his or her or its application for a permit to use the power. (b) Upon a hearing of the application, the com…

(a) All charters and permits granted under this subchapter shall be void unless construction has begun within four (4) years from the date of the permit and has been completed within four (4) years from the date of commencement of construction. (b) Whenever the Federal Energy Reg…

In case any person or corporation building any dam shall not agree with the owners of any lands used for the purpose of the dam or flooded thereby, the court shall assess the damages for the land flooded or taken and also the consequential damages to any lands necessary to the us…

(a) In order to enable the corporation to carry out the purpose of this section, §§ 23-18-401 — 23-18-405, and 23-18-408 — 23-18-410, the state's power of eminent domain is conferred upon it, insofar as it is necessary to enable it to condemn land overflowed above its dam, and fo…

(a) Where it becomes expedient or necessary to acquire a right-of-way for the purpose of constructing a railroad for use in connection with or to facilitate the construction of the dam, every company authorized to construct hydroelectric dams in the State of Arkansas shall have t…

(a) The power shall be for public use and shall be sold to private parties desiring it in the order of their application and upon equal terms. (b) The power shall be furnished by the person or corporation or its principal powerhouse or central station. (c) The power may be applie…

The Arkansas Public Service Commission shall grant to any person or corporation the right to take and use such power described in this subchapter under the condition that every person or corporation taking and using the power shall pay an annual rental into the State Treasury for…

If any person or corporation taking or using the power shall elect to use the power exclusively for its own use in manufacturing or other purposes named in this subchapter, the Arkansas Public Service Commission shall assess the tax for taking and using the power on the basis of …

This subchapter shall be known and may be cited as the “Utility Facility Environmental and Economic Protection Act”.

(a) (1) The General Assembly finds and declares that there is at present and will continue to be a growing need for electric and gas public utility services that will require the construction of major new facilities.(2) It is recognized that the facilities cannot be built without…

(1) As used in this subchapter:(1) “Applicant” means the utility or other person making application to the Arkansas Public Service Commission for a certificate of environmental compatibility and public need;(2) (A) “Commence to construct” means any clearing of land, excavation, o…

(a) This subchapter does not apply to a major utility facility:(1) That is located outside of Arkansas;(2) For which, before July 24, 1973, an application for the approval of the major utility facility was made to any federal, state, regional, or local governmental agency that po…

Nothing contained in this subchapter shall be deemed to amend the Arkansas Water and Air Pollution Control Act, §§ 8-4-101 — 8-4-106, 8-4-201 — 8-4-229, and 8-4-301 — 8-4-313.

(a) This subchapter does not affect the:(1) Jurisdiction of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission with respect to water and air pollution control or other matters within the jurisdiction of the division or the Arkansas Poll…

(a) Nothing in this subchapter shall be deemed to confer upon the Arkansas Public Service Commission power or jurisdiction to regulate or supervise the rates, service, or securities of any person not otherwise subject to the Arkansas Public Service Commission's jurisdiction. (b) …

(a) The Arkansas Public Service Commission shall have and is granted the power and authority to make and amend from time to time after reasonable notice and hearing reasonable rules establishing exemptions from some or all of the requirements of this subchapter for the constructi…

The Arkansas Public Service Commission is empowered to employ additional consultants to assist it as it deems necessary for an adequate appraisal of the applications for certificates of environmental compatibility and public need.

(a) (1) Except for persons exempted as provided in subsection (c) of this section and § 23-18-504(a) and § 23-18-508, a person shall not begin construction of a major utility facility in the state without first obtaining a certificate of environmental compatibility and public nee…

(1) An applicant for a certificate shall file with the Arkansas Public Service Commission a verified application in the form required by the commission and containing the following information:(1) A general description of the location and type of the major utility facility propos…

An initial filing fee of five hundred dollars ($500) shall accompany each application for a certificate of environmental compatibility and public need.

(a) Each public utility filing an application for a certificate of environmental compatibility and public need shall provide notice of its application as the Arkansas Public Service Commission may require. (b) Each application submitted under subsection (a) of this section shall …

A.C.A. § 23-18-514Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved

(a) Upon application by an applicant, a certificate issued under this subchapter may be amended as provided in this section or in accordance with such simplified procedures as the Arkansas Public Service Commission may establish by reasonable rules. (b) An application for an amen…

(a) (1) Upon receipt of an application complying with §§ 23-18-511 — 23-18-513, the Arkansas Public Service Commission shall promptly fix a date for the commencement of a public hearing thereon, which date shall be not more than ninety (90) days after the receipt of the applicati…

(a) The parties to a certification proceeding shall include:(1) The applicant; or(2) A person as defined under § 23-1-101(8) that has petitioned the commission for leave to intervene as a party within thirty (30) days after the date given in the public notice as the date of filin…

(a) The Arkansas Public Service Commission shall hold a hearing, unless waived by the parties, on an application filed under § 23-18-511. (b) A record shall be made of the hearing and of all testimony taken and the cross-examination thereon. (c) Rules of the commission shall appl…

(a) (1) The Arkansas Public Service Commission shall render a decision upon the record either granting or denying the application as filed or granting it upon such terms, conditions, or modifications of the location, financing, construction, operation, or maintenance of the major…

(a) In rendering a decision on the application for a certificate, the Arkansas Public Service Commission shall issue and serve an order upon all parties. This order shall include or be accompanied by findings of fact stating its reasons for the action taken. (b) If the commission…

(a) A certificate to construct and operate a major utility facility may be issued only under this subchapter unless a certificate is not required under § 23-18-510(c) or § 23-18-510(e). (b) (1) A certificate issued under this subchapter to an applicant is in lieu of and exempts t…

Any facility, with respect to which a certificate of environmental compatibility and public need is required, shall thereafter be located, financed, constructed, operated, and maintained in conformity with the certificate and any terms, conditions, and modifications contained the…

Subject to the approval of the Arkansas Public Service Commission, a certificate may be transferred to a person who agrees to comply with the terms, conditions, and modifications contained therein. It shall also be transferable by operation of law to any receiver, trustee, or oth…

(a) Any party aggrieved by any decision issued on an application for a certificate may apply for a rehearing as provided in §§ 23-2-401 and 23-2-421 — 23-2-424. (b) Any party aggrieved by the final decision of the Arkansas Public Service Commission on rehearing may obtain judicia…

(1) Except as stated in §§ 23-18-505, 23-18-506, and 23-18-524, a court of this state does not have jurisdiction to:(1) Hear or determine an issue, case, or controversy concerning a matter that was or could have been determined in a proceeding under this subchapter before the Ark…

Notwithstanding any other provision of law, no municipality, local government unit, or state department or agency, except the Division of Environmental Quality as set out in § 23-18-506, may require any approval, consent, permit, certificate, or other condition for the constructi…

All state agencies and departments entitled to service under § 23-18-513(a) and (b) are directed to cooperate with and render assistance to the Arkansas Public Service Commission in discharging its responsibilities under this subchapter.

(a) (1) As used in this section, the word “land” shall include any estate or interest therein.(2) Whenever a certificate has been issued to an applicant for the construction of any major utility facility under the provisions of this subchapter and the applicant is unable to reach…

(a) (1) Each public utility shall annually furnish to the Arkansas Public Service Commission for its review a report containing a forecast of loads and resources and describing the major utility facilities which, in the judgment of the utility, will be required to supply system d…

Except as provided under § 23-18-504(a), electric utility systems or facilities owned by a municipal electric consolidated authority created under the Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003, § 25-20-401 et seq., shall be subject to this subchapter.

This subchapter shall be known and cited as the “Arkansas Cost-Shifting Prevention Act of 2023”.

(1) The General Assembly finds that:(1) Arkansas has an established process for the billing option that enables customer-owned net-metering facilities to offset part or all of a net-metering customer's electric consumption;(2) This billing option should continue subject to certai…

(1) As used in this subchapter:(1) “Avoided cost” means:(A) For an electric utility other than a municipal utility, the twelve-month average for the prior calendar year of the applicable Locational Marginal Price associated with the electric utility's load zone in the following a…

(a) (1) An electric utility shall allow net-metering facilities to be interconnected using, at a minimum, a single standard two-channel digital meter that separately measures the electric energy in kilowatt hours that is:(A) Supplied by an electric utility to the net-metering cus…