(a) If a domestic public utility seeks to acquire control of another domestic public utility which is subject to the Arkansas Public Service Commission's jurisdiction in a transaction described in § 23-3-306 for which the filing of a statement would be required, then an application for approval containing any information which the commission may prescribe by rule adopted pursuant to this subchapter shall be filed with and heard by the commission after such notice as the commission may prescribe, and the transaction shall be approved or disapproved based upon the factors enumerated in § 23-3-310, subject to judicial review as provided in § 23-3-313, but the other provisions of this subchapter shall not apply to the transaction.
(b) Provisions of this subchapter shall not apply when voting securities are issued, exchanged, or sold by a domestic public utility upon terms and conditions approved by its board of directors.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 3 - Regulation of Utilities and Carriers Generally
Subchapter 3 - Merger or Acquisition of Control of Domestic Public Utilities
§ 23-3-301. Legislative determination
§ 23-3-305. Powers of commission
§ 23-3-306. Procedure generally
§ 23-3-307. Statement filed with commission — Contents — Amendments
§ 23-3-308. Statement filed with commission — Attachments and incorporation by reference
§ 23-3-309. Payment of expenses of investigation
§ 23-3-310. Grounds for disapproval
§ 23-3-311. Hearing — Notice — Determination
§ 23-3-314. Stay of order pending review
§ 23-3-315. Jurisdiction over nonresidents — Service of process