(a) If the public utility contends that an immediate and impelling necessity exists for the requested rate increase, a petition may be filed with the Arkansas Public Service Commission narrating the alleged circumstances and requesting a hearing on the petition.
(b) The hearing must commence within thirty (30) days from the date of the filing of the petition or at such subsequent time as may be mutually agreeable to the commission and the utility.
(c) If the commission finds at the hearing that there is substantial merit to the allegation of the utility's claims, the commission may permit all or a portion of the rate to become effective if there is filed with the commission a bond to be approved by it, payable to the State of Arkansas in such amount and with such sufficient security to insure the prompt payment of any damages or refunds, with interest, to the persons entitled thereto if the rate so put into effect is finally determined to be excessive or if there is substituted for the bond other arrangements satisfactory to the commission for the protection of the parties interested.
(d) The findings of the commission relative to the petition of the utility for the immediate and impelling necessity for relief shall be issued on or before the sixtieth day following the date of filing of the petition.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 4 - Regulation of Rates and Charges Generally
Subchapter 4 - Utilities — Rate Changes and Surcharges Generally
§ 23-4-401. Notice of intention to file application
§ 23-4-402. Notice of proposed changes
§ 23-4-403. Changes allowed without notice
§ 23-4-404. Proposed changes to be reflected in schedules
§ 23-4-405. Investigation of proposed rates
§ 23-4-406. Test periods to justify new rates
§ 23-4-407. Suspension of proposed rates
§ 23-4-408. Interim implementation of suspended rates
§ 23-4-409. Rate increase not effective until final order
§ 23-4-410. Authority of commission to fix rates — Apportionment of increase
§ 23-4-412. Issuance of commission order — Rates to be collected
§ 23-4-413. Surcharge to collect rates increased by courts
§ 23-4-414. Refunds of excessive rate collections under bond
§ 23-4-415. Refunds of excessive bonded collections — Order not stayed during rehearing
§ 23-4-416. Surcharge to collect excessive refunds
§ 23-4-417. Petition for mandamus
§ 23-4-418. Suit to compel refunds — Proceeds
§ 23-4-419. Applications for additional increases
§ 23-4-420. Reports on status of applications
§ 23-4-421. No changes allowed in terms of employment subject to collective bargaining agreement