23 CAR § 457-207. Leases and safe harbor for service agreements

(a) A net-metering customer entering into a lease for a net-metering facility shall provide to the electric utility a standard notice and affidavit approved by the Arkansas Public Service Commission to the electric utility certifying that the lease is in compliance with: (1) All Arkansas Public Service Commission rules; and (2) Arkansas Code § 23-18-603(9)(A)(ii). (b) A net-metering customer entering into a service agreement for a net-metering facility who is relying on Arkansas Code § 23-18-603(9)(A) to qualify for net-metering shall submit a standard notice and affidavit approved by the Arkansas Public Service Commission to the electric utility certifying that the: (1) Customer qualifies for safe-harbor protection as provided by Arkansas Code § 23-18-603(9)(A)(iii)(a) and 26 U.S.C. § 7701(e)(3)(A); and (2) Service agreement is in compliance with all Arkansas Public Service Commission rules. (c)(1)(A) Disputes over compliance with subsection (a) or (b) of this section shall be submitted to staff for review and attempted resolution. (B) Thereafter, a net-metering customer or electric utility that disagrees with staff’s resolution may petition the Arkansas Public Service Commission to resolve the dispute. (2) Electric utilities shall presume that any person who submits a completed notice and affidavit form is in compliance with the Arkansas Public Service Commission’s rules and the provisions under Arkansas Code § 23-18-603(9) until the Arkansas Public Service Commission makes a finding otherwise.