Arkansas Code Title 23, Subtitle 1, Chapter 18, Subchapter 5 - Utility Facility Environmental and Economic Protection Act
- § 23-18-501 - Title.
This subchapter shall be known and may be cited as the "Utility Facility Environmental and Economic Protection Act".
- § 23-18-502 - Legislative Findings -- Intent -- Purpose.
(a) (1) The General Assembly finds and declares that there is at present and will continue to be a growing need for electric and...
- § 23-18-503 - Definitions.
As used in this subchapter: (1) "Applicant" means the utility or other person making application to the Arkansas Public Service Commission for a certificate...
- § 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...
- § 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 --...
- § 23-18-506 - Arkansas Department 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 Arkansas Department of Environmental Quality or the Arkansas Pollution Control and Ecology Commission...
- § 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...
- § 23-18-508 - Rules and Regulations.
The Arkansas Public Service Commission shall have and is granted the power and authority to make and amend from time to time after reasonable...
- § 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...
- § 23-18-510 - Certificate of Environmental Compatibility and Public Need -- Requirement -- Exceptions.
(a) (1) Except for persons exempted as provided in subsection (c) of this section and § 23-18-504(a) and § 23-18-508, a person shall not...
- § 23-18-511 - Application for Certificate -- Contents Generally.
An applicant for a certificate shall file with the Arkansas Public Service Commission a verified application in the form required by the commission and...
- § 23-18-512 - Application for Certificate -- Filing Fees.
An initial filing fee of five hundred dollars ($500) shall accompany each application for a certificate of environmental compatibility and public need.
- § 23-18-513 - Application for Certificate -- Service or Notice of Application.
(a) Each application for a certificate of environmental compatibility and public need shall be accompanied by proof of service of a copy of the...
- § 23-18-514 - Application for Certificate -- Commentary by State Agencies -- Deficiency Letters.
(a) (1) Promptly after the filing of an application for a certificate of environmental compatibility and public need, the staff of the Arkansas Public...
- § 23-18-515 - Amendment of Certificates.
(a) Upon application by an applicant, a certificate issued under this subchapter may be amended as provided in this section or in accordance with...
- § 23-18-516 - Hearing on Application or Amendment.
(a) (1) Upon receipt of an application complying with §§ 23-18-511 -- 23-18-514, the Arkansas Public Service Commission shall promptly fix a date for...
- § 23-18-517 - Parties to Certification Proceedings.
(a) The parties to a certification proceeding shall include: (1) The applicant; (2) Each municipality, county, and government agency or department or other person...
- § 23-18-518 - Conduct of Hearing.
(a) The Arkansas Public Service Commission shall hold a hearing, unless waived by the parties, on an application filed under § 23-18-511.(b) A record...
- § 23-18-519 - Decision of Commission -- Modifications of Application.
(a) (1) The Arkansas Public Service Commission shall render a decision upon the record either granting or denying the application as filed or granting...
- § 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...
- § 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...
- § 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...
- § 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...
- § 23-18-524 - Rehearing -- Judicial Review.
(a) Any party aggrieved by any decision issued on an application for a certificate may apply for a rehearing as provided in §§ 23-2-401...
- § 23-18-525 - Jurisdiction of Courts.
Except as stated in §§ 23-18-505, 23-18-506, and 23-18-524, a court of this state does not have jurisdiction to: (1) Hear or determine an...
- § 23-18-526 - Powers of Local Governments and State Agencies.
Notwithstanding any other provision of law, no municipality, local government unit, or state department or agency, except the Arkansas Department of Environmental Quality as...
- § 23-18-527 - Cooperation of State Agencies.
All state agencies and departments entitled to service under § 23-18-513(a) and (b) are directed to cooperate with and render assistance to the Arkansas...
- § 23-18-528 - Eminent Domain.
(a) (1) As used in this section, the word "land" shall include any estate or interest therein. (2) Whenever a certificate has been issued...
- § 23-18-529 - Forecasts of Loading and Resources -- Reports.
(a) (1) Each public utility shall annually furnish to the Arkansas Public Service Commission for its review a report containing a forecast of loads...
- § 23-18-530 - Treatment of Major Utility Facility Generating Plant.
Except as provided under § 23-18-504(a), electric utility systems or facilities owned by a municipal electric consolidated authority created under the Arkansas Municipal Electric...
- § 23-18-531, 23-18-532 - [Repealed.]
Last modified: November 15, 2016