§ 23-3-607. Denial of certificate
Denial of a certificate under this subchapter does not preclude recovery of the cost of excess expenditures under rates or surcharges, or both, approved pursuant to a gas utility’s general rate case or other proceeding in which the Arkansas Public Service Commission finds recovery of the cost of excess expenditures through rates or surcharges appropriate.
§ 23-3-701. Legislative determination
(a) It is declared to be the policy of this state that while the development of qualifying cogeneration and small power production facilities should be encouraged, electric utilities should not be required to purchase power from the facilities at excessive rates which would result in an increase in the cost of providing electrical service to […]
§ 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.
§ 23-3-315. Jurisdiction over nonresidents — Service of process
(a) The courts of this state are vested with jurisdiction over every person not resident, domiciled, or authorized to do business in this state who files or is required to file a notice or statement with the Arkansas Public Service Commission as required by § 23-3-306 and over all actions involving such persons, and over […]
§ 23-3-316. Injunctions — Criminal proceedings
(a) Whenever it shall appear to the Arkansas Public Service Commission, the Attorney General, or a domestic public utility which reasonably believes itself to be the object of a tender offer or attempt to obtain control as described in § 23-3-306, that any person is engaged or about to engage in any acts or practices […]