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§ 23-4-401. Notice of intention to file application

(a) Every public utility shall notify the secretary of the Arkansas Public Service Commission in writing of its intention to file an application for a general change or modification in its rates and charges at least sixty (60) days but no earlier than ninety (90) days before the application is filed. (b) Failure to provide […]

§ 23-4-402. Notice of proposed changes

(a) Unless the Arkansas Public Service Commission otherwise orders, no public utility shall make any change in any rate duly established under this act except after thirty (30) days’ notice to the commission. This notice shall plainly state the changes proposed to be made in the rates then in force and the time when the […]

§ 23-4-403. Changes allowed without notice

The Arkansas Public Service Commission, for good cause shown, may allow changes in rates without requiring the thirty (30) days’ notice under such conditions as it may prescribe. All allowed changes shall be immediately indicated upon its schedules by the public utility.

§ 23-4-405. Investigation of proposed rates

Whenever there is filed with the Arkansas Public Service Commission by any public utility a schedule stating a new rate, the commission, upon reasonable notice, may enter upon any investigation, either upon complaint or upon its own motion, concerning the lawfulness of the rate.

§ 23-4-406. Test periods to justify new rates

For the purpose of justifying the reasonableness of a proposed new rate schedule, a utility may utilize either a historical test period of twelve (12) consecutive calendar months or a forward-looking test period of twelve (12) consecutive calendar months consisting of six (6) months of actual historical data derived from the books and records of […]

§ 23-4-407. Suspension of proposed rates

(a) Pending its investigation and the decision thereon, the Arkansas Public Service Commission may suspend the operation of the rate by written order at any time before the new rate becomes effective. However, the suspension shall not be for a longer period than nine (9) months beyond the time when the rate would otherwise go […]

§ 23-4-408. Interim implementation of suspended rates

(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 […]

§ 23-4-409. Rate increase not effective until final order

Unless the Arkansas Public Service Commission finds an immediate and impelling necessity exists as provided in § 23-4-408, or fails to enter a timely order as provided in § 23-4-411, no public utility shall place any rate increase into effect until a final decision and order is made by the commission.

§ 23-4-410. Authority of commission to fix rates — Apportionment of increase

(a) If after the investigation and hearing thereon the Arkansas Public Service Commission finds the new rate to be unjust, unreasonable, discriminatory, or otherwise in violation of the law or rules of the commission, it shall determine and fix the just and reasonable rate to be charged or applied by the utility for the service […]

§ 23-4-412. Issuance of commission order — Rates to be collected

Notwithstanding any other provisions of this act, upon issuance of the findings and order of the Arkansas Public Service Commission as prescribed in § 23-2-421, no public utility subject to the order shall continue to collect any rates theretofore permitted to be collected under bond. The public utility shall be permitted to collect only those […]

§ 23-4-413. Surcharge to collect rates increased by courts

(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 […]

§ 23-4-414. Refunds of excessive rate collections under bond

In the event a public utility has implemented under bond or other arrangements as a matter involving an immediate and impelling necessity pursuant to § 23-4-408 an amount which exceeds that allowed by the Arkansas Public Service Commission in its final order, the commission shall order the immediate refund of the excessive bonded collections.

§ 23-4-416. Surcharge to collect excessive refunds

In the event that the amount of refunds ordered by the Arkansas Public Service Commission in its final order is subsequently determined to have been excessive, either on rehearing or in accordance with a court decision on judicial review, the public utility subject to the order shall be entitled to impose an additional surcharge on […]

§ 23-4-417. Petition for mandamus

If the Arkansas Public Service Commission’s order is not issued before the expiration of the period of suspension, the filed rates shall remain subject to refund as provided in § 23-4-414, but the applicant utility shall have the right to petition the Pulaski County Circuit Court for a writ of mandamus compelling the issuance of […]

§ 23-4-418. Suit to compel refunds — Proceeds

(a) If the public utility fails to make refunds within thirty (30) days after the effective date of the order requiring such refunds, the Arkansas Public Service Commission shall bring suit in the name of the State of Arkansas for the use and benefit of all those entitled to a refund in any court of […]

§ 23-4-419. Applications for additional increases

(a) No public utility which has filed an application with the Arkansas Public Service Commission for a general increase in the utility rates charged by the utility shall be permitted by the commission to file an additional application for a general rate increase until thirty (30) days after the occurrence of whichever of the following […]

§ 23-4-420. Reports on status of applications

(a) Quarterly, the Arkansas Public Service Commission shall appear before the Legislative Council, file a written report, and make such oral reports as the Legislative Council may request concerning the status of all utility rate applications pending before the commission, including: (1) An identification of the cases filed; (2) The status of staff progress, if […]