Browse Arkansas Code titles and sections
23-18-521. Issuance of certificate — Effect.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-521. Issuance of certificate — Effect.
(a) A certificate to construct and operate a major utility facility may be issued only under this subchapter.
(b)(1) A certificate issued under this subchapter to an applicant is in lieu of and exempts the applicant from the requirements of obtaining a certificate of convenience and necessity under § 23-3-201 et seq.
(2) A certificate issued under this subchapter entitles the applicant to a permit under § 23-3-501 et seq. without any further notice or hearing if the applicant has filed with the Arkansas Public Service Commission the consent or authorization required by § 23-3-504(7) and paid the damages stated in § 23-3-501 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-521
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.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:23-18-521
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0f25e311d90adebafd78cdc0e8d4a030d97ea9260d321be88c5ee876d97c15cc
Source location: content.xml paragraph 14689
Stored source content
23-18-521. Issuance of certificate — Effect.
(a) A certificate to construct and operate a major utility facility may be issued only under this subchapter.
(b)(1) A certificate issued under this subchapter to an applicant is in lieu of and exempts the applicant from the requirements of obtaining a certificate of convenience and necessity under § 23-3-201 et seq.
(2) A certificate issued under this subchapter entitles the applicant to a permit under § 23-3-501 et seq. without any further notice or hearing if the applicant has filed with the Arkansas Public Service Commission the consent or authorization required by § 23-3-504(7) and paid the damages stated in § 23-3-501 et seq.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
23-3-501. Definitions.
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 service facility; or
(B) That portion of the public service facility which is extended over, under, or across a navigable waterway, whether such a crossing is effected by suspending the public service facility from any overhead structure or by laying the public service facility upon or under the bed of the navigable waterway;
(3) “Navigable waterway” means any navigable river, lake, or other body of water used, or susceptible of being used in its natural condition as highways for commerce, located wholly or partly within this state;
(4) “Public service facility” means any of the following:
(A) Electric power line;
(B) Pipeline for the transportation of water; or
(C) Pipeline for the transportation of gas, petroleum, gasoline, fuel, or any other substance capable of being moved through a pipeline as a common carrier or as a noncarrier utility; and
(5) “River crossing proprietor” means the owner, whether a person, a corporation, a company, a firm, partnership, or other association, that owns or proposes to construct a navigable water crossing.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-3-501
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 23-3-501. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-3-504. Petition regarding operation.
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 specifications in relation thereto as the commission may reasonably prescribe. The petition may include the following:
(1) The name of the river crossing proprietor and the nature of its organization and the nature of its business;
(2) The river crossing proprietor's principal office and place of business;
(3) A map, based upon a ground survey, showing the location of the public service facility at the point of the existing or proposed navigable water crossing, a drawing showing in some detail the specifications of the proposed crossing, and a profile plat showing, with respect to the mean surface level and the bed of the navigable waterway, the elevations of the existing or proposed public service facility;
(4) A general description of the physical nature of the bed underlying the navigable waterway at the point of the existing or proposed navigable water crossing, if the crossing is to be constructed on the underlying bed;
(5) A description of materials and the type of construction employed or to be employed in effecting the navigable water crossing;
(6) The size, capacity, and purpose of the public service facilities at the point of the navigable water crossing, together with operating conditions and safety factors;
(7) A showing of approval or permissive authorization of the existing or proposed navigable water crossing by the United States Secretary of Defense or the United States Secretary of the Army or other federal agency having jurisdiction to
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-3-504
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 23-3-504. This identifies an authority to review, not proof of applicability.