Arkansas Code
Subchapter 5 - Utility Facility Environmental and Economic Protection Act
§ 23-18-514. Application for certificate — Commentary by state agencies — Deficiency letters

(a)
(1) Promptly after the filing of an application for a certificate of environmental compatibility and public need, the staff of the Arkansas Public Service Commission shall invite comments from all state agencies entitled to service under § 23-18-513 as to the adequacy of applicant's statements.
(2) The invitation to comment shall advise the state agencies that comments must be received within sixty (60) days of the date of mailing or delivery thereof, unless an agency requests for cause a longer period for consideration.

(b)
(1) Upon review of the comments, if any, if the staff shall determine that the applicant failed to include or adequately develop any relevant environmental or economic aspect of the facility, it shall issue a deficiency letter pointing out in detail all such specific deficiencies in the statements.
(2) The deficiency letter shall be prepared and served upon the applicant as promptly as possible and in no event later than twenty (20) days before the date set for the public hearing.
(3) The applicant shall promptly respond to any deficiency letter, and the public hearing shall be deferred unless the applicant has responded prior thereto to any deficiency letter.

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