§ 23-3-702. Definitions
As used in this subchapter, unless the context otherwise requires: (1) “Avoided costs” means the costs to an electric utility of electric energy or capacity, or both, that, but for the purchase from the qualifying facility or qualifying facilities, the utility would generate itself or purchase from another source; (2) “Commission” means the Arkansas Public […]
§ 23-3-703. Establishment of rates
The Arkansas Public Service Commission shall establish rates to be paid by an electric utility to qualifying cogeneration and small power production facilities which do not, over the term of the purchased power contract, exceed avoided costs and are based upon the preponderance of evidence in the record before the commission. However, rates established for […]
§ 23-3-508. Order granting rights — Effect
(a) When a river crossing proprietor owning or operating one (1) or more navigable water crossings in this state files with the Arkansas Public Service Commission a petition conforming to the requirements of § 23-3-504, the commission shall enter an order granting such rights to the navigable waterway and the bed thereof as will enable […]
§ 23-3-704. Basis of rate determination — Waiver of avoided cost standard
(a) A determination of the avoided energy cost rate or rates for the electric utility shall be based on the electric utility’s estimated avoided costs of producing or purchasing electrical energy during the time period of the purchase of electrical energy from the qualifying facility. It shall not be based upon the production or purchase […]
§ 23-3-509. Characteristics of rights granted
Rights in respect to the crossing of navigable waterways granted pursuant to the provisions of this subchapter shall be perpetual and shall inure to the benefit of the river crossing proprietor, its successors, mortgagees, and assigns. However, this subchapter shall not destroy, impair, repeal, or amend any right of eminent domain or reversion inuring either […]
§ 23-3-705. Lower contract rates permitted
Nothing in this subchapter shall prohibit an electric utility and a qualifying facility from negotiating a contract rate lower than the avoided cost rate established by the Arkansas Public Service Commission for the electric utility.
§ 23-3-510. Costs and expenses of proceedings — Damages
The Arkansas Public Service Commission shall require the applicant to pay all costs and expenses of a proceeding under this subchapter.
§ 23-3-511. Review by circuit court
(a) Any party to a proceeding conducted pursuant to this subchapter before the Arkansas Public Service Commission, within twenty (20) days after a final order is made, may file a petition with the Pulaski County Circuit Court against the commission for the purpose of having the lawfulness of its final decision inquired into and determined. […]
§ 23-3-512. Appeal to Supreme Court
(a) The Arkansas Public Service Commission, the river crossing proprietor, or any other party to an action in the circuit court to review the order of the commission, within thirty (30) days after the entry of the final judgment of the circuit court, may appeal to the Supreme Court. (b) All such appeals will be […]
§ 23-3-513. Replacement of navigable water crossing
(a) In each instance where a river crossing proprietor may desire to replace a navigable water crossing, it shall file with the Arkansas Public Service Commission a proper petition pursuant to § 23-3-504. (b) (1) Proceedings upon the petition shall be conducted under §§ 23-3-506, 23-3-507, and 23-3-510, subject to appeal as provided in §§ […]