§ 23-18-504. Exemptions — Waiver
(a) This subchapter does not apply to a major utility facility: (1) For which, before July 24, 1973, an application for the approval of the major utility facility was made to any federal, state, regional, or local governmental agency that possesses the jurisdiction to consider the matters prescribed for finding and determination in § 23-18-519(a) […]
§ 23-18-520. Findings of fact required
(a) In rendering a decision on the application for a certificate, the Arkansas Public Service Commission shall issue and serve an order upon all parties. This order shall include or be accompanied by findings of fact stating its reasons for the action taken. (b) If the commission has found that any regional or local law […]
§ 23-18-505. Arkansas Water and Air Pollution Control Act unaffected by subchapter
Nothing contained in this subchapter shall be deemed to amend the Arkansas Water and Air Pollution Control Act, §§ 8-4-101 — 8-4-106, 8-4-201 — 8-4-229, and 8-4-301 — 8-4-313.
§ 23-18-521. Issuance of certificate — Effect
(a) A certificate to construct and operate a major utility facility may be issued only under this subchapter. (b) (1) A certificate issued under this subchapter to an applicant is in lieu of and exempts the applicant from the requirements of obtaining a certificate of convenience and necessity under § 23-3-201 et seq. (2) A […]
§ 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 the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission with respect to water and air pollution control or other matters within the jurisdiction of the division or the Arkansas Pollution Control and Ecology Commission; and (2) Requirement that a person apply […]
§ 23-18-522. Compliance with certificate required
Any facility, with respect to which a certificate of environmental compatibility and public need is required, shall thereafter be located, financed, constructed, operated, and maintained in conformity with the certificate and any terms, conditions, and modifications contained therein.
§ 23-18-507. Authority of commission — Legislative intent
(a) Nothing in this subchapter shall be deemed to confer upon the Arkansas Public Service Commission power or jurisdiction to regulate or supervise the rates, service, or securities of any person not otherwise subject to the Arkansas Public Service Commission’s jurisdiction. (b) The Arkansas Public Service Commission, in the discharge of its duties under this […]
§ 23-18-523. Transfer of certificates
Subject to the approval of the Arkansas Public Service Commission, a certificate may be transferred to a person who agrees to comply with the terms, conditions, and modifications contained therein. It shall also be transferable by operation of law to any receiver, trustee, or other similar assignee under a mortgage, deed of trust, or similar […]
§ 23-18-508. Rules
The Arkansas Public Service Commission shall have and is granted the power and authority to make and amend from time to time after reasonable notice and hearing reasonable rules establishing exemptions from some or all of the requirements of this subchapter for the construction, reconstruction, or expansion of any major utility facility which is unlikely […]
§ 23-18-509. Employees of commission
The Arkansas Public Service Commission is empowered to employ additional consultants to assist it as it deems necessary for an adequate appraisal of the applications for certificates of environmental compatibility and public need.