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§ 23-3-101. Organization or reorganization

(a) Organizations or reorganizations of all public utilities shall be subject to the supervision and control of the Arkansas Public Service Commission or the Arkansas Department of Transportation. (b) (1) No organization or reorganization shall be had or given effect without the written approval of the commission or the department. (2) No plan of organization […]

§ 23-3-104. Stocks, bonds, notes, etc. — Issuance

(a) (1) When authorized by order of the commission, and not otherwise, a public utility may issue stock, bonds, notes, or other evidence of indebtedness payable at periods of more than thirty-six (36) months after the date of issuance when necessary for: (A) The acquisition of property, the construction, extension, or improvement of its facilities, […]

§ 23-3-105. Stocks, bonds, notes, etc. — Amount of issue

The commission shall have no power to authorize the issuance of stocks, notes, bonds, or other evidence of indebtedness of any public utility in an aggregate amount at any time exceeding the fair value of the properties of the issuer and the reasonable cost of the issuance and sale of the issues.

§ 23-3-106. Stocks, bonds, notes, etc. — Disposition of proceeds

The commission shall have the power to require every public utility, other than municipalities, to account for the disposition of the proceeds of all sales of stocks, bonds, notes, or other evidence of indebtedness, in such form and detail as it may deem advisable. Also, the commission shall have the power to establish such rules […]

§ 23-3-107. Stocks, bonds, notes, etc. — Liability of state

No provision of this act and no deed or act done or performed under or in connection therewith shall be construed to obligate the State of Arkansas to pay or guarantee, in any manner whatsoever, any stock, bond, note, or other evidence of indebtedness authorized, issued, or executed under the provisions of this act.

§ 23-3-109. Annual statements of gross earnings

(a) Annually, during the month of March, each utility subject by law to the payment of fees or charges under the jurisdiction of either the Arkansas Public Service Commission or the Arkansas Department of Transportation shall prepare and transmit to the commission or the department having jurisdiction over the utility a certified statement of the […]

§ 23-3-110. Annual fees generally

(a) (1) There is levied and charged and there shall be collected annually from each utility subject by law to the payment of fees or charges under the jurisdiction of either the Arkansas Public Service Commission or the Arkansas Department of Transportation a fee in an amount equivalent to that proportion of the total utilities […]

§ 23-3-111. Fees — Foreign companies doing intrastate business

(a) All foreign railroad, street, interurban, or other transportation companies now doing intrastate business, or desiring to engage in intrastate business, or authorized to engage in intrastate business, before being permitted to continue to do intrastate business or authorized to engage in intrastate business, shall pay the same fees as are required of like domestic […]

§ 23-3-112. Forms sent to utilities to be filled out and returned

(a) Any public utility receiving from the commission any blanks with directions to fill the blanks shall cause the blanks to be properly filled out so as to answer fully, specifically, and correctly every question therein propounded. (b) (1) Answers shall be verified under oath by the president, secretary, superintendent, or general manager of the […]

§ 23-3-113. Adequate service, facilities, etc., to be provided

(a) Every public utility shall furnish, provide, and maintain such adequate and efficient service, instrumentalities, equipment, and facilities as shall promote the safety, health, comfort, requirements, and convenience of its patrons, employees, and the public. (b) Every person, firm, or corporation engaged in a public service business in this state shall establish and maintain adequate […]

§ 23-3-114. Unreasonable preferences prohibited

(a) (1) As to rates or services, no public utility shall make or grant any unreasonable preference or advantage to any corporation or person or subject any corporation or person to any unreasonable prejudice or disadvantage. (2) No public utility shall establish or maintain any unreasonable difference as to rates or services, either as between […]

§ 23-3-115. Wires transmitting electricity or messages over public or private ways

Every public utility which owns, operates, manages, or controls along or across any public or private way any wires over which electricity or messages are transmitted shall construct, operate, and maintain the wires and the equipment used in connection therewith in a reasonably adequate and safe manner and so as not to unreasonably interfere with […]

§ 23-3-117. Contracts for interruptible service with industrial users

Public utilities are authorized to contract for the sale, on an interruptible basis, of utility services at agreed prices for a definite term not to exceed twenty-five (25) years with customers whose use of the service is for manufacturing, generation, processing, preparation of products, or industrial purposes. However, the contracts shall be subject to approval […]

§ 23-3-118. Rates, charges, or service — Investigations

(a) Whenever the commission believes that any rate or charge may be unreasonable or unjustly discriminatory, that any service is inadequate, or that an investigation of any matter relating to any public utility should for any reason be made, it may on its own motion and with or without notice, make a preliminary investigation. (b) […]

§ 23-3-119. Complaints

(a) (1) Any chamber of commerce or board of trade, mercantile, agricultural, or manufacturing association, any public utility, any municipality, any customer of a public utility, any person unlawfully treated by a public utility, or any public utility unlawfully treated by a customer, may complain to the commission in writing. The complaint shall set forth […]

§ 23-3-120. Definition

As used in this subchapter, unless the context requires otherwise, the terms “corporation” or “company” include a corporation and a limited liability company.