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23-4-205. Refunds.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-205. Refunds.
(a) The Arkansas Public Service Commission is hereby empowered, following notice and hearing, to order any public utility subject to its jurisdiction to make refunds. The refunds shall be made in the manner and to the extent determined just and reasonable by the commission.
(b) The authority of the commission to make refunds shall include, but is not limited to, the following circumstances:
(1) When a utility implements rates under bond, and the rates approved in the final order of the commission are less than the bonded rates;
(2) When a utility has charged its ratepayers an amount in excess of the utility's approved tariffs;
(3) When a utility imposes on ratepayers any charge prohibited by, or in excess of, any Arkansas statute;
(4) When a utility charges more than the lawful rate of interest; and
(5) When a utility has collected revenues exceeding those amounts authorized by any contract approved by the commission pursuant to § 23-3-117.
(c) When the commission determines that refunds are due under this section, the commission may authorize the utility to make a refund in one (1) lump sum, or may authorize the utility to prorate the refunds over the period of time over which the amount to be refunded had accrued, or some intermediate period of time as the commission deems appropriate. The commission may require that the refund be made by cash or check, or through customers' account credits. However, any refund of ten dollars ($10.00) or less shall be by billing credit only. All refunds, of whatever amount, to customers who cannot be located shall be made pursuant to subsection (e) of this section. Former customers who can be located shall be paid by cash or check.
(d) The commission may order that refunds due under this section be
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-205
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:23-4-205
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 56da07162234f0a7ecc6c77a25c20bd95d091d990523bed8e7d0847186f2119b
Source location: content.xml paragraph 3042
Stored source content
23-4-205. Refunds.
(a) The Arkansas Public Service Commission is hereby empowered, following notice and hearing, to order any public utility subject to its jurisdiction to make refunds. The refunds shall be made in the manner and to the extent determined just and reasonable by the commission.
(b) The authority of the commission to make refunds shall include, but is not limited to, the following circumstances:
(1) When a utility implements rates under bond, and the rates approved in the final order of the commission are less than the bonded rates;
(2) When a utility has charged its ratepayers an amount in excess of the utility's approved tariffs;
(3) When a utility imposes on ratepayers any charge prohibited by, or in excess of, any Arkansas statute;
(4) When a utility charges more than the lawful rate of interest; and
(5) When a utility has collected revenues exceeding those amounts authorized by any contract approved by the commission pursuant to § 23-3-117.
(c) When the commission determines that refunds are due under this section, the commission may authorize the utility to make a refund in one (1) lump sum, or may authorize the utility to prorate the refunds over the period of time over which the amount to be refunded had accrued, or some intermediate period of time as the commission deems appropriate. The commission may require that the refund be made by cash or check, or through customers' account credits. However, any refund of ten dollars ($10.00) or less shall be by billing credit only. All refunds, of whatever amount, to customers who cannot be located shall be made pursuant to subsection (e) of this section. Former customers who can be located shall be paid by cash or check.
(d) The commission may order that refunds due under this section be made with interest computed at a rate not to exceed the maximum allowed by Arkansas law.
(e) When a refund is due a customer and the utility cannot, after diligent effort, locate the customer, the utility shall:
(1) Make the refunds available to the customer for a period of three (3) years from the date the refund was ordered; and
(2) Apply those funds which are not claimed after three (3) years as a credit against bad-debt expense of the utility.
(f) Nothing in this section shall be construed as allowing retroactive ratemaking or otherwise providing for refunds of rates collected pursuant to previous orders of the commission, except when rates have been placed in effect under bond, subject to refund.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-3-117. Contracts for interruptible service with industrial users.
Public utilities are authorized to contract for the sale, on an interruptible basis, of utility services at agreed prices for a definite term not to exceed twenty-five (25) years with customers whose use of the service is for manufacturing, generation, processing, preparation of products, or industrial purposes. However, the contracts shall be subject to approval by the Arkansas Public Service Commission before becoming effective. These contracts, after approval by the commission, shall continue in full force and effect for the term thereof.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-3-117
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 23-3-117. This identifies an authority to review, not proof of applicability.