(a) In the event that the rates set in the order of the Arkansas Public Service Commission subsequently are determined to have been inadequate, either on rehearing or in accordance with court decision on judicial review, the public utility subject to the order shall be entitled to impose a surcharge on the affected customers for collection of the increased rates that otherwise would have been collected during the period between the effective date of the initial order and the effective date of the rates as increased, together with interest as determined by the commission at a rate not to exceed the maximum interest rate otherwise allowed by law.
(b) This surcharge shall be assessed over a period equal to the period between the date of the initial order and the effective date of the rates, as increased.
(c) The surcharge shall be distributed among the affected customers in proportion to the amounts those customers were charged during the period between the date of the initial order and the effective date of the rates, as increased.
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