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23-18-514. Application for certificate — Commentary by state agencies — Deficiency letters.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-514. Application for certificate — Commentary by state agencies — Deficiency letters.
(a)(1) Promptly after the filing of an application for a certificate of environmental compatibility and public need, the staff of the Arkansas Public Service Commission shall invite comments from all state agencies entitled to service under § 23-18-513 as to the adequacy of applicant's statements.
(2) The invitation to comment shall advise the state agencies that comments must be received within sixty (60) days of the date of mailing or delivery thereof, unless an agency requests for cause a longer period for consideration.
(b)(1) Upon review of the comments, if any, if the staff shall determine that the applicant failed to include or adequately develop any relevant environmental or economic aspect of the facility, it shall issue a deficiency letter pointing out in detail all such specific deficiencies in the statements.
(2) The deficiency letter shall be prepared and served upon the applicant as promptly as possible and in no event later than twenty (20) days before the date set for the public hearing.
(3) The applicant shall promptly respond to any deficiency letter, and the public hearing shall be deferred unless the applicant has responded prior thereto to any deficiency letter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-514
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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Stable record: arkansas_code:legal_authorities:23-18-514
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c1308653569710617ff68dcd11eaec959cff9756f08ab40a16d85f888732c237
Source location: content.xml paragraph 14584
Stored source content
23-18-514. Application for certificate — Commentary by state agencies — Deficiency letters.
(a)(1) Promptly after the filing of an application for a certificate of environmental compatibility and public need, the staff of the Arkansas Public Service Commission shall invite comments from all state agencies entitled to service under § 23-18-513 as to the adequacy of applicant's statements.
(2) The invitation to comment shall advise the state agencies that comments must be received within sixty (60) days of the date of mailing or delivery thereof, unless an agency requests for cause a longer period for consideration.
(b)(1) Upon review of the comments, if any, if the staff shall determine that the applicant failed to include or adequately develop any relevant environmental or economic aspect of the facility, it shall issue a deficiency letter pointing out in detail all such specific deficiencies in the statements.
(2) The deficiency letter shall be prepared and served upon the applicant as promptly as possible and in no event later than twenty (20) days before the date set for the public hearing.
(3) The applicant shall promptly respond to any deficiency letter, and the public hearing shall be deferred unless the applicant has responded prior thereto to any deficiency letter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-513. Application for certificate — Service or notice of application.
(a) Each application for a certificate of environmental compatibility and public need shall be accompanied by proof of service of a copy of the application on:
(1) The mayor of each municipality;
(2) The county judge;
(3) The chair of the county planning board, if any;
(4) Any head of a governmental agency charged with the duty of protecting the environment or of planning land use, upon which the Arkansas Public Service Commission has by rule or order directed that service be made, in the area in which any portion of such facility is to be located, both as primarily and as alternatively proposed;
(5) Each member of the General Assembly in whose district the facility or any alternative location listed in the application is to be located;
(6) The office of the Governor; and
(7) The director or other administrative head of the following state agencies or departments:
(A) Division of Environmental Quality;
(B) Department of Health;
(C) Arkansas Economic Development Commission;
(D) Arkansas Department of Transportation;
(E) Arkansas State Game and Fish Commission;
(F) Arkansas Natural Heritage Commission;
(G) Any state agency which may have the authority to assist in financing the applicant's facility;
(H) Any other state agency or department which manages or has jurisdiction over state-owned lands on which all or part of the proposed utility facility is to be or may be located;
(I) Department of Finance and Administration;
(J) State Energy Conservation and Policy Office [abolished];
(K) Attorney General; and
(L) Any other state agency or department designated by Arkansas Public Service Commission rule or order; and
(8) Proof that a copy of the application has
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-513
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 23-18-513. This identifies an authority to review, not proof of applicability.