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Subchapter 1 - General Provisions
§ 23-18-101. Areas of service - (a) Notwithstanding any provisions of law or the terms of...
§ 23-18-102. Agreements between rural cooperatives and other electric suppliers permitted - Nothing in this section or §§ 23-3-201, 23-18-101, 23-18-301, 23-18-308,...
§ 23-18-103. Purchase of electricity from affiliated company — Definitions - (a) As used in this section: (1) “Affiliated company” means...
§ 23-18-104. Construction of power-generating facilities outside the state - (a) No public utility subject to the jurisdiction of the...
§ 23-18-105. Use of Arkansas-mined coal - (a) To the extent that it is technically, economically, and...
§ 23-18-106. Regulation of resource planning, asset acquisition, and alternative retail services - (a) The Arkansas Public Service Commission shall have the authority...
§ 23-18-107. Ratemaking policies for cost of acquisition or construction of incremental resources - (a) The Arkansas Public Service Commission may adopt ratemaking policies...
§ 23-18-108. Eminent domain for transmission lines — Market value — Definition - (a) As used in this section, “electric utility” means an...
§ 23-18-109. Power purchase agreement — Definitions - (a) As used in this section: (1) “Power purchase agreement”...
Subchapter 2 - Electric Cooperatives Generally
§ 23-18-201. Jurisdiction of commission generally - Electric cooperative corporations generating, manufacturing, purchasing, acquiring, transmitting, distributing, selling,...
§ 23-18-202. Jurisdiction of commission — Exemptions - (a) The jurisdiction of the Arkansas Public Service Commission shall...
§ 23-18-203. Commission rules shall not conflict with United States Government regulations - The Arkansas Public Service Commission shall make no rules affecting...
Subchapter 3 - Electric Cooperative Corporation Act
§ 23-18-301. Title - This subchapter may be cited as the “Electric Cooperative Corporation...
§ 23-18-302. Definitions - As used in this subchapter, unless the context otherwise requires:...
§ 23-18-303. Construction - This subchapter shall be construed liberally. The enumeration of any...
§ 23-18-304. Other laws inapplicable - This subchapter is complete in itself and shall be controlling....
§ 23-18-305. Extension of subchapter to other corporations - Any cooperative or nonprofit corporation or association organized under any...
§ 23-18-306. Purposes of cooperatives - (a) Organization. Cooperative, nonprofit membership corporations may be organized under...
§ 23-18-307. Powers of corporation - Each corporation shall have power: (1) To sue and be...
§ 23-18-308. Jurisdiction of commission - All corporations organized under this subchapter shall be in all...
§ 23-18-309. Incorporators - Any three (3) or more natural persons of the age...
§ 23-18-310. Cooperative names - The words “electric cooperative” shall not be used in the...
§ 23-18-311. Articles of incorporation - (a) The articles of incorporation shall state: (1) The name...
§ 23-18-312. Articles of incorporation — Execution — Filing and recording - (a) The original copy of the articles of incorporation shall...
§ 23-18-313. Articles of incorporation — Amendment - (a) (1) A corporation may amend its articles of incorporation...
§ 23-18-314. Certificate of incorporation - (a) Upon the issuance of a certificate of incorporation by...
§ 23-18-315. Correction of defects of organization - In the event any corporation has filed defective articles of...
§ 23-18-316. Organizational meeting — Notice - (a) After the issuance of the certificate of incorporation, an...
§ 23-18-317. Bylaws - (a) The power to make, alter, amend, or repeal the...
§ 23-18-318. Members - (a) (1) All persons proposed to be served by a...
§ 23-18-319. Certificate of membership - (a) When a member of a corporation has paid the...
§ 23-18-320. Meetings of members - (a) Meetings of members may be held at such place...
§ 23-18-321. Board of directors - (a) (1) The business and affairs of a corporation shall...
§ 23-18-322. Executive committee - (a) Any corporation by its bylaws may provide for an...
§ 23-18-323. Officers, agents, and employees - (a) The board may elect from its number a chair,...
§ 23-18-324. Consolidation - (a) (1) Any two (2) or more corporations may enter...
§ 23-18-325. Dissolution - (a) Any corporation may dissolve by majority vote of the...
§ 23-18-326. Filing fees - The Secretary of State shall charge and collect for: (1)...
§ 23-18-327. Nonprofit operation — Use of revenues - (a) Each corporation shall be operated without profit to its...
§ 23-18-328. Taxation - Electric cooperative corporations organized and formed pursuant to this subchapter...
§ 23-18-329. Annual license fee - Corporations formed pursuant to this subchapter shall pay annually, on...
§ 23-18-330. Exemptions from Arkansas Securities Act - Whenever any corporation organized under this subchapter shall have borrowed...
§ 23-18-331. Service in incorporated areas - (a) (1) The inclusion by incorporation, annexation, or otherwise of...
Subchapter 4 - Waterpower Companies
§ 23-18-401. Waterpower a part of public domain - All waterpower in this state suitable for the purpose of...
§ 23-18-402. Erection of dams to develop electric power - (a) Any person or corporation organized under the laws of...
§ 23-18-403. Application for permit to use power — Compensation - (a) When a person or corporation is ready to proceed...
§ 23-18-404. Limitation on time to begin work — Time allowed to coincide with federal licenses - (a) All charters and permits granted under this subchapter shall...
§ 23-18-405. Damages for land taken — Assessment by court - In case any person or corporation building any dam shall...
§ 23-18-406. Eminent domain generally - (a) In order to enable the corporation to carry out...
§ 23-18-407. Eminent domain — Railroad in connection with use or construction of dam - (a) Where it becomes expedient or necessary to acquire a...
§ 23-18-408. Power for public use — Sale to private parties - (a) The power shall be for public use and shall...
§ 23-18-409. Terms and conditions for use of power — Rental — Exception - The Arkansas Public Service Commission shall grant to any person...
§ 23-18-410. Tax on power used exclusively for taker's purposes - If any person or corporation taking or using the power...
Subchapter 5 - Utility Facility Environmental and Economic Protection Act
§ 23-18-501. Title - This subchapter shall be known and may be cited as...
§ 23-18-502. Legislative findings — Intent — Purpose - (a) (1) The General Assembly finds and declares that there...
§ 23-18-503. Definitions - As used in this subchapter: (1) “Applicant” means the utility...
§ 23-18-504. Exemptions — Waiver - (a) This subchapter does not apply to a major utility...
§ 23-18-505. Arkansas Water and Air Pollution Control Act unaffected by subchapter - Nothing contained in this subchapter shall be deemed to amend...
§ 23-18-506. Division of Environmental Quality's and Arkansas Pollution Control and Ecology Commission's jurisdiction unaffected by subchapter - (a) This subchapter does not affect the: (1) Jurisdiction of...
§ 23-18-507. Authority of commission — Legislative intent - (a) Nothing in this subchapter shall be deemed to confer...
§ 23-18-508. Rules - The Arkansas Public Service Commission shall have and is granted...
§ 23-18-509. Employees of commission - The Arkansas Public Service Commission is empowered to employ additional...
§ 23-18-510. Certificate of environmental compatibility and public need — Requirement — Exceptions - (a) (1) Except for persons exempted as provided in subsection...
§ 23-18-511. Application for certificate — Contents generally - An applicant for a certificate shall file with the Arkansas...
§ 23-18-512. Application for certificate — Filing fees - An initial filing fee of five hundred dollars ($500) shall...
§ 23-18-513. Application for certificate — Service or notice of application - (a) Each application for a certificate of environmental compatibility and...
§ 23-18-514. Application for certificate — Commentary by state agencies — Deficiency letters - (a) (1) Promptly after the filing of an application for...
§ 23-18-515. Amendment of certificates - (a) Upon application by an applicant, a certificate issued under...
§ 23-18-516. Hearing on application or amendment - (a) (1) Upon receipt of an application complying with §§...
§ 23-18-517. Parties to certification proceedings - (a) The parties to a certification proceeding shall include: (1)...
§ 23-18-518. Conduct of hearing - (a) The Arkansas Public Service Commission shall hold a hearing,...
§ 23-18-519. Decision of commission — Modifications of application - (a) (1) The Arkansas Public Service Commission shall render a...
§ 23-18-520. Findings of fact required - (a) In rendering a decision on the application for a...
§ 23-18-521. Issuance of certificate — Effect - (a) A certificate to construct and operate a major utility...
§ 23-18-522. Compliance with certificate required - Any facility, with respect to which a certificate of environmental...
§ 23-18-523. Transfer of certificates - Subject to the approval of the Arkansas Public Service Commission,...
§ 23-18-524. Rehearing — Judicial review - (a) Any party aggrieved by any decision issued on an...
§ 23-18-525. Jurisdiction of courts - Except as stated in §§ 23-18-505, 23-18-506, and 23-18-524, a...
§ 23-18-526. Powers of local governments and state agencies - Notwithstanding any other provision of law, no municipality, local government...
§ 23-18-527. Cooperation of state agencies - All state agencies and departments entitled to service under §...
§ 23-18-528. Eminent domain - (a) (1) As used in this section, the word “land”...
§ 23-18-529. Forecasts of loading and resources — Reports - (a) (1) Each public utility shall annually furnish to the...
§ 23-18-530. Treatment of major utility facility generating plant - Except as provided under § 23-18-504(a), electric utility systems or...
Subchapter 6 - Arkansas Renewable Energy Development Act of 2001
§ 23-18-601. Title - This subchapter shall be known and cited as the “Arkansas...
§ 23-18-602. Legislative findings and declarations - (a) Net energy metering encourages the use of renewable energy...
§ 23-18-603. Definitions - As used in this subchapter: (1) “Avoided cost” means: (A)...
§ 23-18-604. Commission authority — Definition - (a) An electric utility shall allow net-metering facilities to be...
§ 23-18-605. Municipal utilities - (a) A municipal utility shall allow net-metering facilities to be...
Subchapter 7 - Arkansas Clean Energy Development Act
§ 23-18-701. Legislative findings and declaration of purpose - (a) The General Assembly finds that it is in the...
§ 23-18-702. Public utilities required to consider clean energy resources - All electric and natural gas public utilities subject to the...
§ 23-18-703. Authority of commission - (a) (1) The Arkansas Public Service Commission may consider, propose,...
Subchapter 8 - Broadband Over Power Lines Enabling Act
§ 23-18-801. Title - This subchapter shall be known and may be cited as...
§ 23-18-802. Definitions - As used in this subchapter and §§ 14-200-101, 18-15-503, 18-15-504,...
§ 23-18-803. Permissible broadband systems - (a) An electric utility, an affiliate of an electric utility,...
§ 23-18-804. Ownership and operation of broadband system - (a) An electric utility may: (1) Own or operate a...
§ 23-18-805. Jurisdiction - (a) Except as provided in this subchapter, neither the state...
§ 23-18-806. Fees and charges - (a) An electric utility may charge a broadband affiliate, an...
§ 23-18-807. Reliability of electric systems maintained - (a) An electric utility that installs or operates or permits...
§ 23-18-808. Compliance with federal law - (a) A broadband operator shall comply with all applicable federal...
Subchapter 9 - Arkansas Electric Utility Storm Recovery Securitization Act
§ 23-18-901. Short title — Purpose - (a) This subchapter shall be known and may be cited...
§ 23-18-902. Definitions - As used in this subchapter: (1) “Ancillary agreement” means any...
§ 23-18-903. Financing orders - (a) An electric utility may petition the Arkansas Public Service...
§ 23-18-904. Exceptions to commission jurisdiction - (a) If the Arkansas Public Service Commission issues a financing...
§ 23-18-905. Storm recovery property - (a) All storm recovery property that is specified in a...
§ 23-18-906. Sale - The sale, assignment, or transfer of storm recovery property is...
§ 23-18-907. Security interests - (a) The Uniform Commercial Code — Secured Transactions, § 4-9-101...
§ 23-18-908. Choice of law — Conflicts - (a) The law governing the validity, enforceability, attachment, perfection, priority,...
§ 23-18-909. Storm recovery bonds not public debt — Legal investments - (a) Storm recovery bonds are not a debt or a...
§ 23-18-910. Tax treatment - The Arkansas state income tax treatment of the following events...
§ 23-18-911. State pledge — Definition - (a) For purposes of this section, the term “bondholder” means...
§ 23-18-912. Assignee or financing party not an electric utility - An assignee or financing party shall not be considered an...
Subchapter 10 - Regulation of Electric Demand Response Act
§ 23-18-1001. Title - This subchapter shall be known and may be cited as...
§ 23-18-1002. Definitions - As used in this subchapter: (1) (A) “Aggregator of retail...
§ 23-18-1003. Authority to regulate demand response - (a) The marketing, selling, or marketing and selling of demand...
§ 23-18-1004. Marketing or selling of demand response prohibited - The marketing, selling, or marketing and selling of demand response...
§ 23-18-1005. Applicability - This subchapter does not prevent a nonresidential customer from opting...