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23-3-205. Issuance of certificate of public convenience and necessity — Terms and conditions — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-3-205. Issuance of certificate of public convenience and necessity — Terms and conditions — Definitions.
(a) As used in this section:
(1) “Consolidated utility district” means a consolidated utility district as defined in § 14-217-103 that owns or operates an electric system as defined in § 14-217-103; and
(2) “Municipality” means a municipality as defined in § 14-202-102 that:
(A) Owns or operates a municipal electric utility as defined in § 25-20-402; or
(B) Is an owner of an electric project as defined in § 25-20-402.
(b)(1) After conducting a hearing to assess the merits of an application for a certificate of public convenience and necessity under this subchapter, the Arkansas Public Service Commission may grant or deny all or part of the application upon any terms or conditions the commission finds appropriate to serve the purposes of this subchapter.
(2) The right to a hearing under this section may be waived by the applicant.
(c)(1) Except as provided under subdivision (c)(2) of this section, the commission shall not issue a certificate of public convenience and necessity to any person or corporation that:
(A) Is not a public utility;
(B) Primarily transmits electricity; and
(C) Has not been directed or designated to construct an electric transmission facility from a regional transmission organization.
(2) After the commission conducts a hearing under subdivision (b)(1) of this section for a person or corporation that primarily transmits electricity and has not been directed to construct an electric transmission facility from a regional transmission organization, the commission may grant or deny all or part of the application upon any terms or conditions the commission finds appropriate for the purposes of this subchapter subject to the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-3-205
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:23-3-205
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 20e7875eb0e9f18df84132cf00891c49887d417e869ee61026fcd9a1d8471f11
Source location: content.xml paragraph 2064
Stored source content
23-3-205. Issuance of certificate of public convenience and necessity — Terms and conditions — Definitions.
(a) As used in this section:
(1) “Consolidated utility district” means a consolidated utility district as defined in § 14-217-103 that owns or operates an electric system as defined in § 14-217-103; and
(2) “Municipality” means a municipality as defined in § 14-202-102 that:
(A) Owns or operates a municipal electric utility as defined in § 25-20-402; or
(B) Is an owner of an electric project as defined in § 25-20-402.
(b)(1) After conducting a hearing to assess the merits of an application for a certificate of public convenience and necessity under this subchapter, the Arkansas Public Service Commission may grant or deny all or part of the application upon any terms or conditions the commission finds appropriate to serve the purposes of this subchapter.
(2) The right to a hearing under this section may be waived by the applicant.
(c)(1) Except as provided under subdivision (c)(2) of this section, the commission shall not issue a certificate of public convenience and necessity to any person or corporation that:
(A) Is not a public utility;
(B) Primarily transmits electricity; and
(C) Has not been directed or designated to construct an electric transmission facility from a regional transmission organization.
(2) After the commission conducts a hearing under subdivision (b)(1) of this section for a person or corporation that primarily transmits electricity and has not been directed to construct an electric transmission facility from a regional transmission organization, the commission may grant or deny all or part of the application upon any terms or conditions the commission finds appropriate for the purposes of this subchapter subject to the following considerations:
(A) The commission shall only authorize the person or corporation to contract with a municipality or a consolidated utility district that is not located within the service territory of another public utility;
(B) The commission shall not authorize the person or corporation to serve any customers outside of the boundaries of a municipality or consolidated utility district;
(C) The commission shall not authorize the person or corporation to serve any customers that are otherwise served by, or located within, the service territory of another public utility; and
(D) The commission shall not grant a certificate of public convenience and necessity under this subchapter to a person or corporation if doing so would result in an unreasonable impact on any other public utility or on the customers of any other electric utility in this state that is inconsistent with the public interest as determined by the commission.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-202-102. Definitions.
As used in this chapter:
(1) “Bonds” means bonds and any series of bonds authorized by and issued pursuant to the provisions of this chapter;
(2) “Clerk” means city clerk, city recorder, town recorder, or other similar office hereafter created or established;
(3) “Costs” or “project costs” means, but shall not be limited to:
(A) All costs of acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project, including the costs of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto;
(B) All costs of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, and franchises, and the preparation of applications for and securing the same;
(C) Administrative, organizational, legal, engineering, and inspection expenses;
(D) Financing fees, expenses, and costs;
(E) Working capital;
(F) Initial and reload fuel costs;
(G) All machinery and equipment, including construction equipment;
(H) All costs related to upgrades on a transmission system owned by a person or an entity that are required for the delivery of power and energy from the project to the municipality;
(I) Interest on the bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing municipality;
(J) Establishment of reserves; and
(K) All other expenditures of the issuing municipality incidental, necessary, or convenient to the acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project and the placing of the project in operation;
(4) “Electric system” means any system for the generation, transmission, or distribution of elec
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-202-102
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 14-202-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-217-103. Definitions.
As used in this chapter:
(1) “Assessment secured bonds” means bonds described in and issued under the authority of § 14-217-109(b);
(2) “Board of commissioners” or “board” means the board of commissioners, board of directors, board of improvement, or other governing board of a district;
(3) “Bonds” means bonds issued under the authority of this chapter, whether assessment secured bonds or revenue bonds;
(4) “City clerk” means city clerk, city recorder, town recorder, or other similar office hereafter created or established;
(5) “Commissioner” means any member of a board of commissioners;
(6) “Consolidated utility district” or “district” means any municipal improvement district created before March 19, 1975, pursuant to special act or general act, or created after March 19, 1975, pursuant to this chapter, for the purpose of constructing or operating and maintaining a consolidated utility system;
(7) “Consolidated utility system”, “consolidated system”, or “system” means any system of public utilities together with any facilities related to or necessary or appropriate to the construction, operation, or maintenance consisting of:
(A) A combined water system and sewer system; or
(B) An electric system consolidated or combined with a water system or with a sewer system;
(8) “Construct” or “construction” means to acquire, construct, reconstruct, extend, improve, install, or equip any system or portion thereof;
(9) “Electric system” means any system for the production, generation, transmission, or delivery of electricity;
(10) “Governing body” means the council, board of directors, commission, or other governing body of a municipality;
(11) “Major utility facility” or “major facility” means any electric generating plant or bu
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-217-103
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 14-217-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-20-402. Definitions.
As used in this subchapter:
(1) “Authority” means a municipal electric consolidated authority created pursuant to this subchapter;
(2) “Electric project” means any:
(A) Plant, works, system, or facilities and real and personal property of any nature associated therewith, together with all parts thereof and appurtenances thereto, that are used or useful in the generation, transmission, coordination, purchase, sale, exchange, or interchange of electric capacity and energy, and provision of ancillary services, including facilities and property for the acquisition, extraction, conversion, transportation, storage, reprocessing, or disposal of fuel and other materials of any kind for such purposes or that may be necessary or advisable for the proper and efficient operation of the authority's facilities;
(B) Interest in or right to the use, services, or electric capacity and energy of any such plant, works, system, or facilities;
(C) Study to determine the feasibility or costs of any of the foregoing, including, but not limited to, engineering, legal, financial, and other services necessary to determine the legality and financial and engineering feasibility of any electric project; and
(D) Contract or agreement associated with generation, transmission, coordination, purchase, sale, exchange, or interchange of electric capacity and energy or ancillary services;
(3) “Electric transmission system” and “electric transmission facility” mean electric utility properties and facilities necessary for transmitting electricity at sixty-nine kilovolts (69 kV) phase-to-phase or higher and not for service to a directly tapped, retail, end-use customer or customers;
(4) “Governing body of a municipal electric utility” means the city council, board of
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-20-402
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 25-20-402. This identifies an authority to review, not proof of applicability.