2010 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 1 - Public Utilities And Carriers
Chapter 18 - Light, Heat, And Power Utilities
Subchapter 5 - Utility Facility Environmental and Economic Protection Act
§ 23-18-504 - Exemptions -- Waiver.

23-18-504. Exemptions -- Waiver.

(a) This subchapter shall not apply to any major utility facility:

(1) For which, prior to July 24, 1973, an application for the approval of the facility has been made to any federal, state, regional, or local governmental agency, which agency possesses the jurisdiction to consider the matters prescribed for finding and determination in 23-18-519(a) and (b);

(2) For which, prior to July 24, 1973, the Arkansas Public Service Commission has issued a certificate of convenience and necessity or otherwise approved the construction of the facility;

(3) Over which an agency of the federal government has exclusive jurisdiction;

(4) That is owned by one (1) or more exempt wholesale generators as defined in 23-1-101(5); or

(5) That is a facility for generating electric energy owned by any person, including a public utility, if the costs of the facility will not be recovered in rates subject to regulation by the commission.

(b) (1) Any person intending to construct any utility facility excluded or exempted from this subchapter may elect to waive the exclusion or exemption by delivering notice of the waiver to the commission.

(2) This subchapter shall thereafter apply to each major utility facility identified in the notice from the date of its receipt by the commission.