Browse Arkansas Code titles and sections
23-18-106. Regulation of resource planning, asset acquisition, and alternative retail services.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-106. Regulation of resource planning, asset acquisition, and alternative retail services.
(a) The Arkansas Public Service Commission shall have the authority to adopt rules under which electric utilities shall seek commission review and approval of the processes, actions, and plans by which the utilities:
(1) Engage in comprehensive resource planning;
(2) Acquire electric energy, capacity, and generation assets; or
(3) Utilize alternative methods to meet their obligations to serve Arkansas retail electric customers.
(b) With regard to electric cooperatives formed under the Electric Cooperative Corporation Act, § 23-18-301 et seq., to the extent that an electric distribution cooperative purchases electricity from an electric generation and transmission cooperative pursuant to a wholesale power contract, the authority granted to the commission by subdivisions (a)(1) and (2) of this section shall not extend to the electric distribution cooperative to the extent of such purchases but shall only extend to the electric generation and transmission cooperative.
(c) Subsection (a) of this section does not apply to any transaction involving the acquisition of generation assets, which is closed and finalized prior to the adoption of the rules authorized in subsection (a) of this section, or within one (1) year after February 21, 2003, whichever comes later, and which is the subject of an order or ruling of any federal or state regulatory agency issued on or before January 1, 2003.
(d)(1)(A) Reasonable and prudent costs incurred in compliance with subsection (a) of this section and in compliance with the provisions of § 23-3-201 et seq. and the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., shall be eligible for recovery in the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:23-18-106
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d49a8cec9fdcb7c72aafd713ae1ed3b4de733f2beab3ee7a26cda474b36251f4
Source location: content.xml paragraph 13621
Stored source content
23-18-106. Regulation of resource planning, asset acquisition, and alternative retail services.
(a) The Arkansas Public Service Commission shall have the authority to adopt rules under which electric utilities shall seek commission review and approval of the processes, actions, and plans by which the utilities:
(1) Engage in comprehensive resource planning;
(2) Acquire electric energy, capacity, and generation assets; or
(3) Utilize alternative methods to meet their obligations to serve Arkansas retail electric customers.
(b) With regard to electric cooperatives formed under the Electric Cooperative Corporation Act, § 23-18-301 et seq., to the extent that an electric distribution cooperative purchases electricity from an electric generation and transmission cooperative pursuant to a wholesale power contract, the authority granted to the commission by subdivisions (a)(1) and (2) of this section shall not extend to the electric distribution cooperative to the extent of such purchases but shall only extend to the electric generation and transmission cooperative.
(c) Subsection (a) of this section does not apply to any transaction involving the acquisition of generation assets, which is closed and finalized prior to the adoption of the rules authorized in subsection (a) of this section, or within one (1) year after February 21, 2003, whichever comes later, and which is the subject of an order or ruling of any federal or state regulatory agency issued on or before January 1, 2003.
(d)(1)(A) Reasonable and prudent costs incurred in compliance with subsection (a) of this section and in compliance with the provisions of § 23-3-201 et seq. and the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., shall be eligible for recovery in the rates of any electric utility making such an acquisition, subject to final approval by the commission.
(B) When the utility establishes that the costs were incurred in compliance with subsection (a) of this section, a rebuttable presumption is established that the costs were reasonable and prudent and incurred in the public interest.
(2) Nothing in this subsection shall be deemed to supersede the provisions of § 23-4-103.
(e) The commission may require an electric public utility that is owned by a public utility holding company, as defined by section 1262 of the Energy Policy Act of 2005, Pub. L. No. 109-58, and engages in centralized system-wide resource planning to withdraw from centralized system-wide resource planning if:
(1) The commission determines that centralized system-wide resource planning is not in the public interest; and
(2) The electric public utility's withdrawal from centralized system-wide resource planning is not otherwise prohibited by law.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-301. Title.
This subchapter may be cited as the “Electric Cooperative Corporation Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-18-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-501. Title.
This subchapter shall be known and may be cited as the “Utility Facility Environmental and Economic Protection Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-501
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-18-501. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-3-201. Requirement for new construction or extension.
(a) New construction or operation of equipment or facilities for supplying a public service or the extension of a public service shall not be undertaken without first obtaining from the Arkansas Public Service Commission a certificate that public convenience and necessity require or will require the construction or operation.
(b)(1) This section does not require a certificate of public convenience and necessity for:
(A) The replacement or expansion of existing equipment or facilities with similar equipment or facilities in substantially the same location or the rebuilding, upgrading, modernizing, or reconstructing of equipment or facilities that increase capacity if no increase in the width of an existing right-of-way is required;
(B) The construction or operation of equipment or facilities for supplying a public service that has begun under a limited or conditional certificate or authority as provided in §§ 23-3-203 — 23-3-205;
(C) The extension of a public service:
(i) Within a municipality or district where a public service has been lawfully supplied;
(ii) Within or to territory then being served; or
(iii) That is necessary in the ordinary course; or
(D) Except as provided in § 23-18-504(c), the construction or operation of a major utility facility as defined in the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., or any exemption under the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq.;
(2)(A) This section does not require a certificate of public convenience and necessity for an electric utility that owns or has a legally recognized right-of-way, easement, or similar property right to property that is not being acquired by emi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-3-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-3-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-103. Rates and rules to be reasonable.
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 rates or rules may be unjust or unreasonable, are prohibited and declared unlawful.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-4-103. This identifies an authority to review, not proof of applicability.