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23-18-507. Authority of commission — Legislative intent.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-507. Authority of commission — Legislative intent.
(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) The Arkansas Public Service Commission, in the discharge of its duties under this subchapter or any other act, is authorized to make joint investigations, hold joint hearings in or outside the state, and to issue joint or concurrent orders in conjunction or concurrence with any official or agency of any other state or of the United States, whether in the holding of such investigations or hearings or in the making of such orders the Arkansas Public Service Commission functions under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the United States, or otherwise.
(c) In the discharge of its duties under this subchapter, the Arkansas Public Service Commission is further authorized to negotiate and enter into agreements or compacts with agencies of other states, pursuant to any consent of the United States Congress, for cooperative efforts in certification, construction, financing, operation, and maintenance of major utility facilities in accord with the purposes of this subchapter and for the enforcement of the respective state laws regarding them.
(d) The Arkansas Public Service Commission is deemed to be the agency of the State of Arkansas that shall be the member of any regional hearing authority or commission created by the terms of any compact between Arkansas and other states or between Arkansas and the United States otherwise concerning the implem
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-507
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:23-18-507
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c62b1bc79455b310b5ce10f8ec1617a5567afaf2743f9a410d82a66234637ec8
Source location: content.xml paragraph 14440
Stored source content
23-18-507. Authority of commission — Legislative intent.
(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) The Arkansas Public Service Commission, in the discharge of its duties under this subchapter or any other act, is authorized to make joint investigations, hold joint hearings in or outside the state, and to issue joint or concurrent orders in conjunction or concurrence with any official or agency of any other state or of the United States, whether in the holding of such investigations or hearings or in the making of such orders the Arkansas Public Service Commission functions under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the United States, or otherwise.
(c) In the discharge of its duties under this subchapter, the Arkansas Public Service Commission is further authorized to negotiate and enter into agreements or compacts with agencies of other states, pursuant to any consent of the United States Congress, for cooperative efforts in certification, construction, financing, operation, and maintenance of major utility facilities in accord with the purposes of this subchapter and for the enforcement of the respective state laws regarding them.
(d) The Arkansas Public Service Commission is deemed to be the agency of the State of Arkansas that shall be the member of any regional hearing authority or commission created by the terms of any compact between Arkansas and other states or between Arkansas and the United States otherwise concerning the implementation of this subchapter, except as may be provided by §§ 23-18-505 and 23-18-506.
(e) It is the intent of the General Assembly to confer upon the Arkansas Public Service Commission, under this subchapter, broad rulemaking authority adequate to enable it to comply with any requirements imposed by state or federal legislation dealing with the subject matter of this subchapter upon state-administered certification programs and to enable it to comply with any state or federal requirements for facilitating the issuance of tax-exempt bonds should their issuance be authorized.
(f)(1) Under §§ 23-18-106 and 23-18-107 and the rules adopted thereunder, the Arkansas Public Service Commission may determine the need for additional energy supply and transmission resources by public utilities in an energy resource declaration-of-need proceeding.
(2) A determination of need under subdivision (f)(1) of this section shall be deemed the basis for the need for the construction of a major utility facility to be sited and constructed under this subchapter.
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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. The source passage cites 23-18-106. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-107. Ratemaking policies for cost of acquisition or construction of incremental resources.
(a) The Arkansas Public Service Commission may adopt ratemaking policies appropriate to allow utilities to recover from their customers the reasonable and prudent costs and a reasonable return associated with the acquisition or construction by electric utilities of incremental resources.
(b) Nothing in this section shall be deemed to supersede the provisions of § 23-4-103.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-107
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 23-18-107. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-505. Arkansas Water and Air Pollution Control Act unaffected by subchapter.
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-505
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 23-18-505. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-506. Division of Environmental Quality's and Arkansas Pollution Control and Ecology Commission's jurisdiction unaffected by subchapter.
(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 Pollution Control and Ecology Commission; and
(2) Requirement that a person apply for and obtain a permit from the division as provided by the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.
(b) This subchapter does not confer upon the Arkansas Public Service Commission any authority or jurisdiction conferred by law upon the division or the Arkansas Pollution Control and Ecology Commission.
(c) Notwithstanding the exemption provisions of § 23-18-504, each major utility facility constructed in Arkansas is subject to the environmental rules and regulations of the state and federal regulatory bodies having jurisdiction over the air, water, and other environmental impacts associated with the major utility facility.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-506
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 23-18-506. This identifies an authority to review, not proof of applicability.