23 CAR § 462-607. Certificates of public convenience and necessity — Electric utilities

(a) New construction or operation. An application for a CCN for new construction or operation by any electric utility shall include: (1) Facts showing that the proposed new construction is or will be required by public convenience and necessity; (2) A description of the: (A) Proposed location or route of the new construction or operation; and (B) Manner in which it will be constructed; (3) A map or maps to suitable scale showing the: (A) Location or route of the proposed new construction or operation; (B) Locations of nearby airports; and (C) Reference to all allocation boundaries; (4) All data, including an estimate of cost, as necessary for a complete understanding of the application; (5) The manner proposed to finance the new construction or operation or extension; and (6) A statement that notice of the filing has been given in accordance with 23 CAR § 462-603(a). (b) Customer releases. (1)(A) An electric utility (releasing utility) may voluntarily waive its right and obligation to serve a customer at a location within its allocated territory if another utility (successor utility) agrees to serve that customer at that location indefinitely. (B) The successor utility may continue to serve the location and all future customers at that location even after service to the original customer has been discontinued for any reason. (C) This agreement between the releasing and successor utilities is a “customer release”. (2)(A) To request a customer release, either the releasing utility or the successor utility shall file a letter reciting the reasons for the customer release. (B) The letter shall state that the filing is an application for customer release under subsection (b) of this section. (C) Attached to the letter shall be: (i) Written evidence from the other utility indicating its agreement to the customer release; and (ii) A copy of the written notice to the affected customer or customers of the utility’s intent to request a customer release. (D) The filing shall include a map and legal description identifying the approximate location of the customer. (3) The secretary shall assign an "A" docket number to the filing. (4)(A) A customer release shall not be final until it has been approved by a written order. (B) However, an emergency ruling on the written application may be granted orally by: (i) Two (2) commissioners; or (ii) A designated presiding officer. (C) A written order shall follow within thirty (30) days from the date of the oral approval. (5) The order granting the customer release shall not constitute a change in allocated territory. (c) Exchanges and releases of allocated territory. (1)(A) Two (2) or more electric utilities may seek Arkansas Public Service Commission authorization to exchange service territory previously allocated to them. (B) In the alternative, one (1) utility may seek to release previously allocated territory to another utility. (2)(A) To request an exchange or release of allocated territory, one (1) or more of the affected utilities shall file a letter reciting the reasons for the exchange or release of allocated territory. (B) The letter shall state that the filing is an application for exchange or release of allocated territory under subsection (c) of this section. (C) Attached to the letter shall be: (i) Written evidence indicating the other utility’s agreement to the exchange of allocated territory; and (ii) A copy of the notice to the affected customer or customers of the utilities’ intent to request an exchange or release of allocated territory. (D) The filing shall include a map or maps to suitable scale and a legal description showing the geographical area being exchanged or released. (3) The secretary shall assign an "A" docket number to the filing. (d) Application for a CCN to commence operation as an electric utility in Arkansas. An application for a CCN by an electric utility to provide electric services shall include: (1) Its name and address and: (A) The full name of its owner if a sole proprietorship and of each partner if a partnership; or (B) A full list of the officers and directors if a corporation; (2)(A) A copy of the articles of a partnership or a certified copy of the: (i) Articles of incorporation; or (ii) Other articles of organization; and (B) A copy of the certificate of authority of a foreign corporation unless incorporated under Arkansas law; (3) The designated geographic area proposed to be served, including a: (A) Map or maps to suitable scale; and (B) Legal description; (4) A description of the services the applicant intends to provide; (5) Information demonstrating the applicant’s financial, managerial, and technical capacity to provide the services; (6) An initial tariff or price list for the services to be offered; and (7) Such other information as the Arkansas Public Service Commission may require.