23 CAR § 460-109. Transition period

(a)(1) Pursuant to 23 CAR § 460-103, all promotional practices of electric and gas utilities are prohibited unless approval has been granted by the Arkansas Public Service Commission. (2) In order to provide an orderly transition from the 1971 Rules and Regulations Governing Promotional Practices of Electric and Gas Public Utilities to this part, the Arkansas Public Service Commission hereby establishes a transition period for the filing and approval of: (A) Promotional practices currently engaged in by a utility that are not defined as a promotional practice in the 1971 rules; and (B)(i) Tariffs and other programs approved by the Arkansas Public Service Commission before May 8, 1992, that meet the definition of promotional practices embodied herein. (ii) Such promotional practices must be filed in accordance with 23 CAR § 460-105 at least one hundred eighty (180) days before the end of the transition period. (iii) The transition period will expire January 25, 1995. (iv) By the end of the transition period, any utility wishing to continue such practices must have secured Arkansas Public Service Commission approval for such practices pursuant to this part or cease such practices. (b) Notwithstanding any provision of this part, a public utility may perform lawful commitments concerning promotional practices entered into prior to the effective date of this part, or entered into pursuant to a tariff that was approved prior to the effective date of this part, if a detailed description of such commitments is filed with the Arkansas Public Service Commission by January 25, 1995, describing the nature of each commitment and the reasons for which the commitment has been incurred, provided that: (1) Such a commitment may be hereafter terminated by the Arkansas Public Service Commission: (A) After notice; (B) After opportunity for hearing; and (C) For good cause shown; and (2)(A) Such a commitment is not prohibited by the 1971 rules. (B) Any determination by the Arkansas Public Service Commission allowing these lawful commitments to be honored by a public utility shall not constitute approval of the promotional practice. (C) Arkansas Public Service Commission approval of any such promotional practice must be sought pursuant to the provisions of this part.