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23-4-419. Applications for additional increases.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-419. Applications for additional increases.
(a) No public utility which has filed an application with the Arkansas Public Service Commission for a general increase in the utility rates charged by the utility shall be permitted by the commission to file an additional application for a general rate increase until thirty (30) days after the occurrence of whichever of the following events first occurs:
(1) The commission makes a final rate determination as required by § 23-4-409 in the last previous general rate application then under consideration by the commission; or
(2) The ten-month period following the filing of the utility's previous general rate application expires and no final rate determination has been made with respect to the utility's previous general rate application within the ten-month period.
(b) However, an application for a change in rates filed pursuant to § 23-4-501 et seq. shall not be considered a general rate increase for the purposes of this section.
(c) It is the intent and purpose of this section to expedite the orderly and speedy determination by the commission of public utility rate filing applications and to enable the commission to devote sufficient staff time and commission effort in regard thereto without being overburdened by additional rate filings by the same public utility until the rate application then under consideration has been considered and a final decision and order entered by the commission.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-419
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:23-4-419
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 09aa38769f4484971e424f78a62f142abbb58bc14aa2ef73d6a4eff200fd3c99
Source location: content.xml paragraph 3523
Stored source content
23-4-419. Applications for additional increases.
(a) No public utility which has filed an application with the Arkansas Public Service Commission for a general increase in the utility rates charged by the utility shall be permitted by the commission to file an additional application for a general rate increase until thirty (30) days after the occurrence of whichever of the following events first occurs:
(1) The commission makes a final rate determination as required by § 23-4-409 in the last previous general rate application then under consideration by the commission; or
(2) The ten-month period following the filing of the utility's previous general rate application expires and no final rate determination has been made with respect to the utility's previous general rate application within the ten-month period.
(b) However, an application for a change in rates filed pursuant to § 23-4-501 et seq. shall not be considered a general rate increase for the purposes of this section.
(c) It is the intent and purpose of this section to expedite the orderly and speedy determination by the commission of public utility rate filing applications and to enable the commission to devote sufficient staff time and commission effort in regard thereto without being overburdened by additional rate filings by the same public utility until the rate application then under consideration has been considered and a final decision and order entered by the commission.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-409. Rate increase not effective until final order.
Unless the Arkansas Public Service Commission finds an immediate and impelling necessity exists as provided in § 23-4-408, or fails to enter a timely order as provided in § 23-4-411, no public utility shall place any rate increase into effect until a final decision and order is made by the commission.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-409
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 23-4-409. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-501. Authority to recover costs through interim rate schedule.
(a)(1) Upon a proper filing with the Arkansas Public Service Commission, a public utility shall be permitted to recover in a prompt and timely manner all investments and expenses through an interim surcharge, if the investments or expenses:
(A) Are not currently being recovered in existing rates;
(B) Are reasonably incurred;
(C) Were not reasonably known and measurable at a time that allowed for a reasonable opportunity for the inclusion and consideration of the investments or expenses for recovery in the public utility's last general rate case;
(D) Are incurred by the public utility to comply with legislative or administrative rules or requirements;
(E) Relate to the protection of the public health, safety, or the environment;
(F) Cannot otherwise be recovered in a prompt and timely manner; and
(G) Are any of the following:
(i) Mandatory;
(ii) A condition of continued operation of a utility facility; or
(iii) Previously approved by the commission.
(2) The interim surcharge shall be effective until the implementation of new rate schedules in connection with the next general rate filing of the public utility in which such investments or expenses can be included in the public utility's base rate schedule.
(3) However, the costs to be recovered through such an interim surcharge described in subdivisions (a)(1) and (2) of this section shall not include increases in the cost for employment compensation or benefits as a result of legislative or regulatory action.
(b)(1) A public utility shall be permitted to recover, through an interim surcharge, the allowance for funds used during construction that would otherwise be accrued and capitalized that is incurred during the construction
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-501
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 23-4-501. This identifies an authority to review, not proof of applicability.