126.03.13 Ark. Code R. 002
The following definitions shall apply throughout the Rules of Practice and Procedure (RPPs) except as otherwise required by the context and any references to the RPPs shall include these definitions:
Where the otherwise applicable USOA has been modified by Arkansas statute or Commission order, the modification shall control for ratemaking purposes.
The purpose of the RPPs is to establish practices and procedures before the Commission.
The RPPs shall apply to all practices and procedures before the Commission unless otherwise specifically stated. For any additional matters of practice or procedure having general applicability to regulated entities and Parties appearing before the Commission, please refer to Docket No. 14-001-A.
In order to avoid all possibilities of prejudice, real or apparent, to the public interest and Persons involved in proceedings pending before the Commission:
The Commission may issue a show cause order stating matters to be addressed and requiring the respondent(s) to appear and show cause why a particular order should not be issued. The Secretary shall immediately serve a copy thereof upon each respondent.
A list of fees authorized by statute or Commission Order shall be posted on the Commission's website and available in the Secretary's office.
The Secretary shall maintain, display, and make available for public inspection all Rules and other written statements of policy or interpretations formulated, adopted, or used by the Commission.
The publication shall be completed no later than thirty (30) days before the date of the hearing.
Upon issuance of a final order adopting, amending, or repealing a Rule, the Secretary shall transmit the appropriate copies of the order and Rule and other required documentation to the Arkansas Legislative Council, the Secretary of State, and the Arkansas State Library. (See Ark. Code Ann. §§ 10-3-309 and 25-15-204.)
All filings shall be made with the Secretary and shall be by one of the following means:
Electronic filing is the Commission's preferred filing method. All Persons filing documents with the Commission are encouraged to file electronically to the greatest extent possible.
Filings in person or by mail shall include the original and one copy. Only one copy of protected material in unredacted form shall be filed.
Unredacted documents which contain materials subject to a protective order shall not be filed electronically, but rather submitted in person or by mail with the Secretary until such time as the user agreement maintained on the Commission's website expressly allows the electronic filing of protected documents.
Electronic filings may be downloaded to the Commission's Electronic Filing System at any time. All other filings (in person or by mail) shall be made during Commission Business Hours. Any electronic filing received after Commission Business Hours but before midnight or received on a non-business day shall be deemed filed and served on Persons on the Official Service List with electronic mail on the next business day. Any electronic filing received between midnight and the beginning of Commission Business Hours on a business day shall be deemed filed and served on Persons on the Official Service List with electronic mail on that business day. If the Commission offices are closed at the time of a filing deadline, the time for complying with the filing deadline shall be extended to the same filing deadline time on the next business day.
Once a document is filed electronically, corrections to the filing may only be made by the Secretary. The Commission's Electronic Filing System shall not permit the filing Party to make changes to the document(s) or filing information once the transaction has been submitted. If a filing error is made, the filing Party shall contact the Secretary as soon as possible with the correct document(s) or filing information, as appropriate.
A Person making a filing which contains graphs, pictures or other material in color shall, contemporaneous with the filing, notify the Secretary of this fact.
A properly completed Docket summary cover sheet in the form required by the Commission shall be filed with (1) every original action which opens a new Docket and (2) any new or revised tariff for any jurisdictional public utility excluding telecommunications utilities filed in an existing Docket. The cover sheet form is available on the Commission's website and from the Secretary's Office.
The Person filing protected material shall identify such material by conspicuously marking it "CONFIDENTIAL PURSUANT TO COMMISSION PROTECTIVE ORDER NO. ___ IN DOCKET NO. ________ " (or substantially similar language) on each page containing protected information. Protected material shall be submitted in a sealed envelope, with a copy of the protective order attached to the front of the envelope along with a cover letter stating what is being filed. The protected material cover sheet shall also be attached to the outside of the envelope containing the protected material. In order to file a document under seal, there must be a protective order granted by the Commission. The protected material filed under seal shall not be submitted to the Secretary for filing until the protective order has been entered by the Commission.
The redacted version of a document shall clearly identify the words, numbers, sentences, or other portions of the page that are redacted by blacking out the protected portion as such: If the entire page is protected material, it may be submitted as an otherwise blank page with the notation that the page is protected in its entirety. If two or more sequential pages are entirely protected, they may be submitted as one otherwise blank page with the notation that the pages are protected in their entirety and an identification of the corresponding page numbers (e.g., pages 4-8 of this document are protected in their entirety).
The protected material must be removed in the redacted version with blank spaces remaining so that the lines and pages of the redacted version remain the same as the unredacted version. The redacted document shall also be sequentially numbered pursuant to this Rule 3.02(a).
All filings shall show the venue as "Arkansas Public Service Commission," the title of the proceedings, the Docket number assigned, and an appropriate designation (e.g., Petition, Motion, Brief, Application, Complaint). It shall be sufficient that a cover sheet contains the required information.
Whenever any Rule requires a document to be filed with any pleading or other document, or in all other cases when a document filed by a Party refers or cites to another document previously filed with the Secretary, whether for incorporation by reference into such document or to otherwise support an assertion made in such document, such document may be incorporated by reference if it is already on file with the Commission. Such reference or citation shall include the name of the previously filed document, the Docket number in which it was filed, and the filing date. Incorporation by reference is permitted only if the previously filed document is identical to the referenced document and if the previously filed document is not under seal. Any document incorporated by reference shall not be attached to the referencing document. The Secretary shall include in a record on appeal any document incorporated by reference in a Docket if a Party requests in writing its inclusion in the record.
Process issued by the Commission, as well as notices, complaints, Rules, orders, and regulations of the Commission, may be served by any Person authorized to serve process issued out of courts of law, by mail, by facsimile, by commercial delivery service, by electronic mail, or other method as directed by the Commission. Where service is by mail, a duplicate of the instrument served shall be enclosed, upon which duplicate the Person served shall endorse the date of his or her receipt of the original and promptly return the duplicate to the Commission. Where service is by electronic mail, the Secretary shall request a read receipt or similar process to indicate reception of the electronic mail and shall preserve the receipt until the Docket is closed. The recipient shall have the duty to acknowledge receipt of the electronic mail.
In computing the time within which an act must be performed or a response made, the Day of the act from which the designated period of time begins to run shall not be included and the last Day shall be included unless it is a Saturday, Sunday, Legal Holiday, or other Day in which the Commission's office is closed, in which event the period shall extend to the next business Day. If service to a Party is by mail, or commercial delivery service, three (3) business Days shall be added to the time allowed for that Party for response to, or compliance with, any pleading or order.
A Party may seek relief by motion, including motions available under the Ark. R. Civ. P. All motions shall be in writing and filed, except such oral motions as may be entertained by the Commission during any hearing. Unless a different time is ordered by the Commission, any Party desiring to file a response shall file the response within ten (10) Days after the filing of the motion, and any Party desiring to file a reply to a response to a written motion shall file such reply within seven (7) Days after the filing of the response. No additional responses or replies shall be permitted unless specifically authorized by the Commission.
For good cause shown, the Commission may grant an extension of any deadline set by Rule or order. Such request shall be made on or before such deadline.
Any Person whose interest may be directly affected by Commission action and whose interest is not adequately represented by other Parties may petition the Commission for leave to intervene as a Party in any Docket.
Every petition to intervene shall be in writing and contain:
The time to respond to a petition to intervene shall be governed by Rule 3.10.
The Commission shall rule on the petition to intervene within twenty (20) days from the date the petition is filed. If the Commission does not rule within that time, the petition to intervene shall be deemed denied.
Except as provided in Rule 6.04 (CCNs and CECPNs), a limited appearance shall be filed at least twenty (20) days prior to the date set for the hearing, but not afterward, except for good cause shown.
In such cases, in which the Commission orders notice be given, the Commission may prescribe the form of notice, may designate the Persons to whom notice shall be sent, and may order that the notice be at the Applicant's or other Party's expense.
An Applicant may file a written motion requesting that the Commission enter a Protective Order of Non-Disclosure (protective order). See also Ark. Code Ann. § 23-2-316.
The Commission may decide the motion by:
The Applicant has not established adequate grounds to refuse to disclose the information, and therefore the information shall be made available to the other Parties and to the public without restriction.
The Applicant has shown grounds for non-disclosure under Subsection (b)(1) of this Rule 4.04, but the information appears to the Commission to be relevant to the case at hand. The Applicant's information should therefore be made available only to the Commissioners, Commissioners' Staff, and representative(s) of the Parties, directly involved in the case. No one else, including representatives of the Parties who are not directly involved in the case at hand, the press and the public shall have access to the information. The Commission may, for good cause shown, further limit the availability of the Applicant's information.
Of necessity, those portions of the hearings which may involve the sensitive information which is the subject of the protective order shall be closed to all except those Persons to whom the information was made available under this subpart. (See Ark. Code Ann. § 23-2-316)
A request for protective order which initiates a Docket shall also comply with Rule 4.04(b).
This Rule 408(c)(2) shall also apply when a Formal Application is filed in an existing Docket, except for pleadings such as motions that do not require the development of facts in testimony and/or exhibits.
The evidentiary record shall normally be closed at the conclusion of the hearing on the merits. However, the Commission may require the production of further evidence upon any issue and that the evidentiary record be kept open after adjournment to receive additional evidence.
After consideration of a proposed stipulation or settlement, the Commission may, consistent with the public interest and without limitation:
The Commission may adjourn a hearing to any future date or place. Such adjournment shall be noted in the record and further notice shall not be required. A hearing shall be deemed concluded when the Commission so determines.
At its discretion, the Commission may allow the filing of briefs or oral arguments, and if allowed, shall fix the time for the filing of briefs or hearing of such argument and may impose reasonable limitations thereon. Briefs shall not be filed absent a Commission request for a brief or without the Commission's prior approval.
If a regulatory agency of some state other than Arkansas renders a final order after a hearing on the merits has been held by that other state's regulatory agency and if the number of customers in Arkansas affected by the final order does not exceed the lesser of either 1,500 customers or ten percent (10%) of the total number of customers of the affected utility, then the Commission, after reviewing the facts and the issues presented, may adopt the final order, in whole or in part, even though it is inconsistent with the Commission's procedural or substantive Rules.
This proposed additional evidence shall not be filed with the application. The proposed additional evidence shall not be filed or considered unless ordered by the Commission.
This Section is intended to promote just, economical, and expeditious discovery and facilitate the disposition of Dockets and investigations by providing an orderly means by which the Parties may obtain relevant information in an efficient and timely manner to assist in the resolution of such matters. All Parties shall fairly adhere to its provisions and shall participate in discovery fully within this Section, and to that end, this Section should be liberally construed.
Any Party to the extent relevant and material to the issues as to which intervention has been granted, may obtain discovery by one or more of the following methods:
Parties shall be reasonable in the frequency and extent of use of discovery.
All discovery pursuant to this Section shall be considered continuing, and a Party is under a duty to timely amend a prior response to a data request if the Party learns that the response is in some material respect incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other Parties during the discovery process or in writing. The duty to supplement shall continue until the hearing on the merits in the Docket.
Any Party may conduct discovery in any sequence by any method permitted under this Section. The fact that a Party is conducting discovery shall not operate to delay discovery by another Party, unless the Commission orders otherwise.
Unless otherwise ordered, a Party may initiate discovery at any time up to thirty (30) days before the hearing on the merits, provided that responses or objections shall be due and depositions shall be completed no later than fifteen (15) days before the hearing on the merits.
The Party upon whom discovery is sought shall serve a written response or objection within fifteen (15) days after service of the discovery. Responses or objections to requests for admission shall be filed within the fifteen (15) day period. The Commission may prescribe a shorter or longer time. Any objections shall state the specific reasons for such objection.
Discovery documents shall, to the greatest extent possible, be served electronically, pursuant to Rule 3.07. Attachments to documents shall be provided in native electronic format, with formulae and viable links intact.
Any discovery document served electronically or by facsimile after Commission Business Hours but before midnight or received on a non-business day shall be deemed served on Persons on the Official Service List with electronic mail on the next business day. Any discovery document served electronically or by facsimile between midnight and the beginning of Commission Business Hours on a business day shall be deemed filed and served on Persons on the Official Service List with electronic mail on that business day. Any discovery document served by other means of service (personal delivery, mail, commercial delivery service), shall be deemed served pursuant to Rule 3.07.
Except as provided in Rules 3.01(i) and 5.11, discovery documents shall not be filed.
Protected Information
A deposition upon oral examination or on written questions pursuant to these Rules may be taken as provided in Rules 27, 28, 30 and 31, of the Ark. R. Civ. P. Depositions shall not be taken before the time set for the filing of the deponent's Party's initial written testimony in proceedings where written testimony is required or scheduled.
Unless otherwise ordered, Parties may agree in writing to modify these procedures for discovery.
In the discharge of its investigative duties in undocketed matters, the Commission or Staff may obtain discovery regarding any matter subject to the Commission's jurisdiction by any of the methods described in this Section or any statute.
Any Party may serve on any other Party written interrogatories to be answered by the Party served. Each interrogatory shall be answered separately and fully in writing, unless it is objected to, in which case the reasons for the objection must be stated in lieu of the answers. The Party answering the interrogatories shall repeat each interrogatory immediately before the answer or objection. The answers and/or objections are to be signed by the Person making them or by a Person authorized under Rule 3.06. Any Party in so signing certifies that the information therein is true and correct to the best of that Party's information and belief.
Where the answers to an interrogatory may be derived or ascertained from the business records of the Party upon whom the interrogatory has been served or from an examination, audit, or inspection of such business records, or from a compilation, abstract, or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the Party serving the interrogatory as for the Party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the Party serving the interrogatory reasonable opportunity to examine, audit, or inspect such records and to make copies, compilations, abstracts, or summaries.
Any Party may serve on any other Party a request:
The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts.
The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified.
A Party may serve upon any other Party a written request for admission of the truth of any matters within the scope of Rule 5.02 or set forth in the request that relate to statements, representations, or opinions of fact, or the application of law to fact, including the genuineness of any documents described in the request. Copies of documents referred to in the request shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. Each matter of which an admission is requested shall be separately set forth. If objection is made, the reasons therefore shall be stated. The Party answering the requests for admission shall repeat each request immediately before the answer or objection. The answer shall specifically admit or deny the matter or set forth in detail the reasons why the answering Party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a Party qualify his/her answer or deny only a part of the matter of which an admission is requested, the Party shall specify so much of it as is true and qualify or deny the remainder. An answering Party may not give lack of information or knowledge as a reason for failure to admit or deny unless he/she states he/she has made reasonable inquiry and that the information known or readily available to him/her is insufficient to enable him/her to admit or deny. Requests for admission and responses to requests for admission shall be filed.
A matter is admitted unless the Party to whom the request is directed timely files and serves upon the Party requesting the admission a written answer or objection addressed to the matter, signed by the Party or the Party's attorney.
The Party who has requested the admissions may file a motion requesting that the Commission determine the sufficiency of the answers or objections. In response to such a motion, the Commission may, consistent with the public interest and without limitation:
Any matter admitted under this Rule 5.11 is deemed conclusively established.
After a good faith effort to seek resolution of a discovery dispute, a Party, upon reasonable notice to all Parties and all Persons affected thereby, may apply for an order compelling discovery as follows:
If a Certificate of Public Convenience and Necessity (CCN) is required by Ark. Code Ann. §§ 23-3-201, et seq. or a Certificate of Environmental Compatibility and Public Need (CECPN) is required by Ark. Code Ann. §§ 23-18-501, et seq. for the construction or operation of any new equipment or facilities for supplying a public service, such certificate shall be sought by Formal Application unless otherwise provided in this Section.
Where the Commission has by its order authorized a public utility to serve within a municipality, territorial district, or other geographic area (hereinafter called an allocated area), such order shall be considered a CCN to construct and operate within such allocated area all distribution facilities and equipment necessary in the ordinary course to serve all consumers, both present and future, located within such allocated area.
The Applicant shall, no less than ten (10) days before filing the application, notify each owner of record (or the Person to whom property tax statements have been mailed in the most recent tax year) of lands which the Applicant proposes in its application to traverse. A utility facility traverses property when the facility is located on or crosses the property. Such notice shall be given by first-class mail, properly addressed with charges prepaid and shall include the following information:
For a proposed electric transmission substation only, the above notice shall also be given to each owner of record (or the Person to whom property tax statements have been mailed in the most recent tax year) of lands which abut, touch, or border the land upon which the Applicant proposes to construct the substation.
Notice of filing an application for a CECPN under Rule 6.06 shall be given by the Applicant in the following manner, unless the Commission otherwise provides.
This Rule 6.04 applies to Dockets pertaining to CECPN applications (Rule 6.06), CCN applications by an electric utility for new construction (Rule 6.07), and CCN application by a natural gas utility for new construction (Rule 6.08).
An application for a CCN for new construction or operation by any electric utility shall include:
An application for a CCN by an electric utility to provide electric services shall include:
An application for a CCN by a natural gas utility to provide natural gas services shall include:
When application is made to provide long distance telephone service to or between geographic areas, such application shall include the information required in Subsection (a) of this Rule 6.09 to the degree pertinent and shall include a schematic map of the proposed long distance route and its point(s) of connection with other telephone utilities. This Subsection (b) shall apply to non-electing ILECs only.
An application for a CCN by a CLEC to provide Telecommunications Services including basic local exchange service and/or switched access service to an ILEC's local exchange area shall include:
An application for a CCN by a Telecommunications Provider other than a LEC, shall include:
This Rule 6.11 governs the process by which a Class C or lower water or sewer company may become subject to regulation as a public utility under Ark. Code Ann. § 23-1-101(9)(G).
A Class C or lower water or sewer company, otherwise exempt from regulation as a public utility, shall become subject to the Commission's jurisdiction upon the Commission's order approving either of the following petitions:
The petition shall include, but not be limited to, the following information:
The petition shall include, but not be limited to, the following information:
The company shall, upon request of the Commission or the Staff, provide a list of metered customers.
After hearing and upon finding that a Class C or lower water or sewer company is subject to jurisdiction under this Section, the Commission shall, as appropriate:
A public utility shall file a Notice of Name Change at least fifteen (15) days before the effective date of a name change. Name changes shall include changes to the name of the business organization as well as the use of or change to a fictitious or assumed name.
A Telecommunications Provider requesting cancellation of its CCN to operate shall file written notice in the Docket originally approving the CCN. The notice shall certify that the Telecommunications Provider is currently in compliance with:
The cancellation shall not be effective until an order is entered in the Docket.
Rule 7.09 applies to Telecommunications Providers except for non-electing ILECs. The remaining Rules in this Section 7 apply to Non-electing ILECs and the other regulated public utilities except as otherwise noted.
Workpapers shall also be provided in conformance with Rule 4.08;
Each utility shall have tariffs containing the following information on file with the Commission and available for inspection by customers in each utility business office open to the public (See also General Service Rule 2.01(D) or Telecommunications Providers Rule 2.01(D)):
The service area is the city, town, or other area to which the schedule applies.
Local exchange area tariff maps and legal descriptions which adequately define the different rate areas, e.g., base rate or rural areas and special zones;
Customer classes may include, for example, residential, commercial, or large power classes. The description of customer classes shall include additional appropriate descriptions, such as interruptible, time of use, and off-peak;
Classification of premises or customers to which the schedule applies;
Where applicable, the tariff shall state the service voltage, phase, and frequency of electricity for electrical service.
The tariff shall state the established absolute pressure base, the assumed atmospheric pressure, and the normal gauge pressure at which natural gas is supplied to customers' piping. The tariff shall state the minimum average heating value of natural gas delivered to its distribution plant(s);
Rates shall be shown in schedule form;
Where applicable, the tariff shall state all minimum charges with their terms and conditions;
Examples of additional charges include the adjustment riders applicable to the schedule, such as fuel adjustment, cost of gas adjustment, etc.;
Where applicable, the tariff shall state any special conditions applied to the customers by rate schedule; and
The tariff shall state the minimum period for which service will be rendered under the schedule.
Riders to the rate schedules shall be filed as separate tariff schedules and shall not be incorporated on the same tariff sheet(s) with the rate schedules of the customer classes. The rider shall describe the terms of payment, including a list of the rate schedules to which the terms apply.
Adjustment riders shall be filed for all adjustments, such as the cost of fuel adjustment, and the cost of debt adjustment. These riders shall set forth the adjustment and any special conditions contained therein.
Charges associated with deposits, membership fees, returned check fees, reconnect fees, meter test fees, and other charges related to customer activity shall be listed on a separate sheet entitled "Charges Related to Customer Activity." Information required by the General Service Rules and the Telecommunications Providers Rules is contained in Appendix 7-2 to this Section.
Miscellaneous charges are any rates or charges for equipment or service not included in another tariff section.
Each natural gas utility shall file as a tariff the minimum heating value for natural gas. (See Special Rules-Gas, Rule 6.02(B)).
Each natural gas utility shall file as a tariff the value of its base or absolute pressure. (See Special Rules-Gas, Rule 6.03).
Each natural gas utility shall file as a tariff the normal gauge pressure at which natural gas will be supplied through the meter to a customer's piping. (See Special Rules-Gas, Rule 6.04(D)).
Each natural gas utility shall file as a tariff its policy governing the curtailment of natural gas service to customers. (See Special Rules-Gas, Rule 3.06).
Each electric utility shall file as a tariff the nominal voltage to be supplied to a customer. (See Special Rules-Electric, Rule 6.01(A)(1)).
Each electric utility shall file as a tariff the test method to be used for in-service meters. (See Special Rules-Electric, Rule 7.08(B)).
Each electric utility shall file as a tariff its plan for verifying voltage standards at each distribution substation. (See Special Rules-Electric, Rule 6.01(C)(2)(b)).
Each electric utility shall file as a tariff its Emergency Curtailment Plan, maintain and update its Plan as necessary, and provide a report to the Commission subsequent to any emergency curtailment.
Each jurisdictional utility which provides service in an allocated area shall provide an electronic file(s) showing a current map(s) of its service territory boundaries and shall also provide an electronic file(s) containing legal description(s) of its allocated area.
Except for good cause shown, any petition to intervene in a tariff (TF) Docket shall be filed within fifteen (15) days of the filing of the tariff.
Unless otherwise provided in a Commission order or pursuant to the terms of an approved tariff, within twenty (20) days of the date upon which a new TF docket has been initiated, Staff shall file, and other Parties may file, appropriate responsive testimony or request suspension of the proposed tariff pursuant to Ark. Code Ann. § 23-4-407. If Staff believes the supporting discussion and analysis is inadequate, Staff may request additional data and justification. If additional data and justification is not furnished within a reasonable time or if Staff needs additional time to review the filing, Staff may ask the Commission to suspend the tariff and require the filing of such additional financial or cost of service data as the Commission may deem to be reasonably necessary.
Unless otherwise provided in a Commission order or pursuant to the terms of an approved tariff, tariffs become effective thirty (30) days after filing. (See Ark. Code Ann. § 23-4-402.) The date of any Commission order approving a tariff becomes the effective date of that tariff, unless otherwise provided in a Commission order or pursuant to the terms of an approved tariff.
Failure to comply with any Rule, statute, or order regarding tariff filings may be the basis for rejection of any filing.
The Commission may require a utility to revise its existing tariffs to comply with any Rule, statute, or order.
No tariffs or filings are required for commercial mobile radio service providers, unless such providers are ILECs using radio technologies to provide basic local exchange services where there is no alternative basic local exchange service provided by another telecommunications provider.
APPENDIX 7-1
APPENDIX 7-2
Charges Related to Customer Activity (Rule 7.03(c)(2))
Customer Account Record ....................................... | (GSR 2.04.A. and TPR 2.04.) |
Energy Consumption Statement ............................ | (GSR 2.04.B.) |
Membership Fee ...................................................... | (GSR 3.01.E.(1)c. and TPR 3.01.E.(1)c.) |
Deposit from Applicant ............................................ | (GSR 4.01.B. and TPR 4.01.B.) |
Deposit from Landlords .......................................... | (GSR 4.01.B.(1)Exception) |
Deposit Due to Bankruptcy..................................... | (GSR 4.01.B.(5) and 4.02.A.(7) and |
................................................................................. | TPR 4.01.B.(5) and 4.02.A.(7)) |
Deposit from Customers ......................................... | (GSR 4.02.B. and TPR 4.02.B.) |
Late Payment Charge ............................................. | (GSR 5.07. and TPR 5.07.) |
Processing Fee for Levelized Billing Withdrawal .. | (GSR 5.10.C.(3)) |
Returned Check Charge .......................................... | (GSR 5.13. and TPR 5.11.) |
Meter Reading Report Charge ................................ | (GSR 5.16.B.(3)) |
Meter Test Fee ......................................................... | (GSR 5.18.C.(1)) |
Collection Fee .......................................................... | (GSR 6.11.) |
Reconnection Fee .................................................... | (GSR 6.12.C. and TPR 6.11.C.) |
Finance Charge on Delayed Payment Agreements .................................................................................. | (GSR 6.13.I. and TPR 6.12.J.) |
Additional Meter Charge......................................... | (Special Rules-Gas 3.05.A.) |
................................................................................... | (Special Rules-Electric 3.06.A.) |
................................................................................... | (Special Rules-Water 3.06.) |
GSR refers to the General Service Rules. TPR refers to the Telecommunications Providers Rules.
This Section sets forth certain ongoing standards and requirements regarding accounting information and recordkeeping, and defines the specific financial and statistical information that must be filed by a jurisdictional public utility with a General Rate Change Application. This Section is not intended to establish any ratemaking principles or modify the provisions of Arkansas statutes. This Section does not preclude filing any additional data, information, or calculations not herein specified.
This Section does not apply to Telecommunications Providers other than Non-electing ILECs and Section 12 Electing Companies.
All jurisdictional public utilities shall adhere to the applicable Uniform System of Accounts in maintaining their books and records.
A jurisdictional public utility shall produce or deliver in this State or in another mutually-agreeable location all or any of its formal accounting records and related documents the Commission or Staff may request. With Commission approval, the utility may provide verified copies of original records and documents.
Utility properties, operating revenues, and operating expenses associated with providing a utility's service not subject to the Commission's jurisdiction must be specifically identified and properly separated. In addition, all non-utility properties, revenues, and expenses shall likewise be segregated.
The Staff, consistent with other workload requirements, may provide general guidance when needed to an Applicant in preparing a filing. Applicants desiring guidance are encouraged to inform the Staff of their intention to make a filing pursuant to this Section 8 at the earliest practicable date.
Pursuant to Ark. Code Ann. § 23-4-401, every Applicant shall notify the Secretary in writing of its intention to file a General Rate Change Application at least sixty (60) days but no earlier than ninety (90) days before the application is filed. Following the receipt of the written notification of an Applicant's intention to file a General Rate Change Application, the Executive Director of the Commission shall provide to the Applicant a schedule of the approximate dates on which Staff will conduct its field investigation and audit of the intended rate request. Pursuant to the written petition by the Applicant and for reasonable cause shown therein, the Commission may grant a waiver of compliance to this Rule 8.06.
B-5, B-6, B-7, B-8, B-9, C-6, C-7, D-6.2, D-6.3, D-7, E-3, E-4, E-5, E-6, E-9, E-10, E-13, E-17, G-4, G-5.1, G-5.2, H-4, and H-5, and for any utility that is a wholly-owned subsidiary of another company, D-1.1, D-1.2, D-1.3, D-2.1, D-2.2, D-2.3, D-3.1, D-3.2, D-3.3, D-4, D-5.1, D-5.2, D-5.3, D-6.1, D-6.2, D-6.3, and E-1 for the parent corporation on a stand-alone basis.
In preparing the information specified in this Section, the Applicant shall follow these instructions:
All references to account or subaccount in the Appendix schedules shall conform to the applicable Uniform System of Accounts.
The Applicant may omit specific items of information from the filing only with prior Commission approval.
Staff shall review each filing to ascertain whether it complies with the provisions of these RPPs. If Staff determines that any deficiencies exist Staff shall file a notice detailing the deficiencies within ten (10) days after the Applicant's application and required exhibits and schedules are filed. The Applicant shall correct the deficiencies in writing, within fourteen (14) days of filing of the notification of deficiency, or upon objection by the Applicant, within such longer period as the Commission shall find appropriate.
If the Commission determines that the nature and extent of the deficiencies in the Applicant's filing are of such nature and scope whereby the orderly review and analysis of the filing may be materially impaired or delayed, the Commission, provided it deems such action appropriate and in the public interest, shall issue an order directing the Applicant to show cause why the filing should not be dismissed for want of sufficient compliance to constitute a "filing" within the intent and meaning of the applicable law.
Whenever a Petition for immediate and impelling relief is filed pursuant to Ark. Code Ann. § 23-4-408 contemporaneously with a General Rate Change Application, the Petition shall not be incorporated within the General Rate Change Application, but shall be a separate Petition designated "Petition for Immediate and Impelling Relief" and shall be filed in the same Docket as the General Rate Change Application.
The Petition shall explain the circumstances justifying such relief and be accompanied by supporting testimony which shall include a discussion of the following information:
If allocation factors are not available from the Applicant's most recent general rate case, as contemplated in subpart (3)(B) of this Rule 8.13, then the interim jurisdictional revenue requirement shall be determined by calculating the total company revenue requirement and allocating it to the jurisdiction based on the ratio of the Arkansas retail revenue requirement to the total company revenue requirement in the Applicant's last approved General Rate Change Application; and
In the event that the Commission finds that the Applicant qualifies for immediate and impelling relief, the Commission shall calculate the revenue requirement and require a rate structure for the interim rates as follows:
The Commission shall determine a revenue requirement to be calculated on the Commission's ordered rate of return, rate base and expenses. Under a showing of extraordinary circumstances, the Commission may allow interim recovery of a return on part or all of the Applicant's CWIP.
The Commission, upon proper finding, shall approve interim rates to recover the approved Arkansas retail revenue requirement. Such rates shall be designed to produce uniform increases above currently-effective rates while maintaining the general structure and design of the currently-effective rates. If such procedure is deemed to result in a gross inequity for any customer or class of customers, the Commission may order such other rates as it may deem more appropriate.
Informal Complaints will be investigated and handled by the Staff in the normal course of its activities and shall not be formally docketed.
Appendix 9-1
(Ark. Code Ann. §§ 23-3-103 to 107)
EXCEPTION: This Rule 10.01 does not apply to Telecommunications Providers, unless such provider is a Non-electing ILEC.
The Commission may require public utilities to account for the disposition of the proceeds or to report the details of financings authorized under this Rule 10.01.
Public utilities must file a Formal Application for approval of the organization, reorganization, consolidation, merger, acquisition, or stock purchase of a public utility, or the sale, acquisition, lease or rental of any utility plant or property constituting an operating unit or system under Ark. Code Ann. §§ 23-3-101 and 23-3-102.
EXCEPTION: This Rule 10.02 does not apply to Telecommunications Providers, unless such provider is a Non-electing ILEC.
In addition to other requirements of any statute, order, or Rule, the application shall contain:
The proposed merger or acquisition or attempted acquisition of control of a public utility which has not been approved by the public utility's board of directors shall require the filing of a Formal Application under each of the provisions of Ark. Code Ann. §§ 23-3-301, et seq.
EXCEPTION: This Rule 10.03 does not apply to Telecommunications Providers, unless such provider is a Non-electing ILEC.
126.03.13 Ark. Code R. 002