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23-18-530. Treatment of major utility facility generating plant.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-530. Treatment of major utility facility generating plant.
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-530
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:23-18-530
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f681e81d1e55d3555f106af71b912e57f8065c9c0063a901a6d9b34f2381de5c
Source location: content.xml paragraph 14792
Stored source content
23-18-530. Treatment of major utility facility generating plant.
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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-18-504. Exemptions — Waiver.
(a) This subchapter does not apply to a major utility facility:
(1) 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 possesses the jurisdiction to consider the matters prescribed for finding and determination in § 23-18-519(a) and (b);
(2) For which, before July 24, 1973, the Arkansas Public Service Commission issued a certificate of convenience and necessity or otherwise approved the construction of the major utility facility;
(3) Over which an agency of the federal government has exclusive jurisdiction;
(4) A majority of which is owned by one (1) or more exempt wholesale generators as defined in § 23-1-101(5); or
(5) That is a major utility facility for generating electric energy, if the majority of the major utility facility is owned by any person, including without limitation a public utility that will not recover the cost of the major utility facility in rates subject to regulation by the commission.
(b)(1)(A) A person intending to construct a major utility facility excluded or exempted from this subchapter may elect to waive the exclusion or exemption by delivering notice of the waiver to the commission.
(B) The filing of an application by a public utility under § 23-18-511 is not a notice of waiver or an election to waive an exclusion or exemption.
(C) The responsibility for determining whether a proposed major utility facility is exempt from the requirements of this subchapter is within the primary and exclusive jurisdiction of the commission.
(2) Upon the commission's receipt of the notice of an election to waive the exclusion or exemption, this subchapter shall thereafter apply to each maj
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-18-504
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 23-18-504. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-20-401. Title.
This subchapter shall be known and may be cited as the “Arkansas Municipal Electric Utility Interlocal Cooperation Act of 2003”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-20-401
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 25-20-401. This identifies an authority to review, not proof of applicability.