23 CAR § 469-401. Decommissioning and removal

(a) Pursuant to Arkansas Code § 23-18-1408, an owner is responsible, at the owner’s expense, for the proper decommissioning of a wind energy facility. (b) After a permit has been granted by the Arkansas Public Service Commission, but at least thirty (30) days before the applicant has commenced construction of the wind energy facility or wind energy facility expansion, the applicant shall: (1) File, in the same docket, a cost estimate for the decommissioning and removal of the wind energy facility, net of any estimated salvage value, produced by a qualified independent party selected by the applicant and at the applicant’s expense; and (2) File, in the same docket and pursuant to Arkansas Code § 23-18- 1408(b)(2), proof that the applicant has established financial security in one (1) of the forms provided under Arkansas Code § 23-18-1408(b)(2) for the purpose of decommissioning and removing the wind energy facility and in the amount required under Arkansas Code § 23-18-1408(b)(1) is held by an independent fiduciary at the applicant’s expense or held in a means the Arkansas Public Service Commission determines will satisfy the requirements of the statute until released by order of the Arkansas Public Service Commission. (c)(1) In accordance with Arkansas Code § 23-18-1408(e), every five (5) years following the issuance of a permit by the Arkansas Public Service Commission, the applicant shall file information relating to updated estimated decommissioning and removal costs in the same docket in which it received its permit. (2) The Arkansas Public Service Commission, at its own discretion, upon reasonable notice, may request more frequent updates from the applicant.