Browse Arkansas Code titles and sections
23-3-605. Conditions, limitations on grant of certificates.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-3-605. Conditions, limitations on grant of certificates.
Certificates shall be granted under this subchapter under the following provisions and conditions:
(1)(A) Only proposed extension projects are eligible for recovery of the cost of excess expenditures under this subchapter.
(B) Proposed extension projects are those for which neither actual construction activity has begun nor expenditures made, other than for planning the extension project, at the time the petition for the certificate is initially filed with the Arkansas Public Service Commission;
(2) Certificates shall be granted under this subchapter only for proposed extension projects that will serve areas not served by any gas utility at the time of the filing of the petition for the certificate;
(3) Certificates shall be granted under this subchapter only if the Arkansas Public Service Commission determines the extension project is of economic benefit to the gas utility and its existing ratepayers and is in the public interest;
(4) Certificates shall not be granted under this subchapter to recover excess expenditures incurred in replacing existing pipelines, equipment, or plants, unless the replacement is necessary for adequate gas supply for the proposed extension project;
(5) When the Arkansas Public Service Commission has granted more than one (1) certificate to a gas utility, the Arkansas Public Service Commission may determine prospectively the sequence in which the gas utility shall commence work on pending extension projects based on whatever reasonable criteria the Arkansas Public Service Commission develops. However, once construction has begun on any given extension project, the Arkansas Public Service Commission determination shall not serve to postpone or defer construction;
(6)(A)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-3-605
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:23-3-605
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 00338ad6319de132101de11a6d0890c793a6d3ad0625fbae2afd459d806a0715
Source location: content.xml paragraph 2583
Stored source content
23-3-605. Conditions, limitations on grant of certificates.
Certificates shall be granted under this subchapter under the following provisions and conditions:
(1)(A) Only proposed extension projects are eligible for recovery of the cost of excess expenditures under this subchapter.
(B) Proposed extension projects are those for which neither actual construction activity has begun nor expenditures made, other than for planning the extension project, at the time the petition for the certificate is initially filed with the Arkansas Public Service Commission;
(2) Certificates shall be granted under this subchapter only for proposed extension projects that will serve areas not served by any gas utility at the time of the filing of the petition for the certificate;
(3) Certificates shall be granted under this subchapter only if the Arkansas Public Service Commission determines the extension project is of economic benefit to the gas utility and its existing ratepayers and is in the public interest;
(4) Certificates shall not be granted under this subchapter to recover excess expenditures incurred in replacing existing pipelines, equipment, or plants, unless the replacement is necessary for adequate gas supply for the proposed extension project;
(5) When the Arkansas Public Service Commission has granted more than one (1) certificate to a gas utility, the Arkansas Public Service Commission may determine prospectively the sequence in which the gas utility shall commence work on pending extension projects based on whatever reasonable criteria the Arkansas Public Service Commission develops. However, once construction has begun on any given extension project, the Arkansas Public Service Commission determination shall not serve to postpone or defer construction;
(6)(A) There is a limitation on the total annual dollar recovery of excess expenditures to be recovered under § 23-3-604 through rates or surcharges. The limitation is a dollar amount that equals five-tenths of one percent (0.5%) of the gas utility's gross plant at original cost used in determining the gas utility's most recent application for a general change in rates and charges.
(B) As used in this subdivision (6), “gross plant” does not include construction work in progress or portions of extension projects that have been granted certificates and are currently included in the gas utility's base rates; and
(7) With respect to any extension project funded under this subchapter to provide service to a project developer that also receives funds or incentives provided by the Arkansas Economic Development Commission, any agreement between a project developer and the Arkansas Economic Development Commission shall include a provision that any funds provided by a surcharge to recover the cost of an extension project under this subchapter shall be recovered from any project developer that failed to take natural gas service from such an extension project and refunded to ratepayers as directed by the Arkansas Public Service Commission.
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
23-3-604. Rates and tariffs.
(a)(1) Once an extension project that has been granted a certificate is placed into service and is used and useful, the gas utility may collect the excess expenditures through a rate or surcharge approved by the Arkansas Public Service Commission. The tariff and rate filing made at the time of the certificate application shall include estimated excess expenditures upon which the commission may grant the certificate.
(2) The commission may subsequently modify the previously approved rates in any reasonable manner if the actual total costs and excess expenditures differ significantly from the estimated total costs and excess expenditures.
(3) If the actual total costs and excess expenditures significantly exceed the estimated costs and excess expenditures and the difference is caused by imprudence or other unsatisfactory causes, the commission may disallow recovery of a portion of the actual excess expenditures in the approved rates.
(b) The rate or surcharge implemented under this section remains effective until the implementation of new rate schedules in connection with the next general rate filing of the gas utility wherein such extension project investments can be included in the gas utility's base rate schedules.
(c) The rate or surcharge for each class of customer shall be determined consistent with the most recent determination by the commission in its order addressing the gas utility's most recent application for a general change or modification in its rates and charges.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-3-604
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 23-3-604. This identifies an authority to review, not proof of applicability.