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
§ 23-18-510 - Certificate of environmental compatibility and public need -- Requirement -- Exceptions.

23-18-510. Certificate of environmental compatibility and public need -- Requirement -- Exceptions.

(a) No person shall commence to construct a major utility facility in the state, except those exempted as provided in subsection (c) of this section and 23-18-504(a) and 23-18-508, without first having obtained a certificate of environmental compatibility and public need, hereafter called a "certificate", issued with respect to the facility by the Arkansas Public Service Commission. The replacement or expansion of an existing transmission facility with a similar facility in substantially the same location or the rebuilding, upgrading, modernizing, or reconstruction for the purposes of increasing capacity shall not constitute construction of a major utility facility if no increase in width of right-of-way is required.

(b) No entity, including but not limited to, a person, public utility, utility, regional transmission organization, municipality, merchant transmission provider, merchant generator, or other entity, whether regulated or not by the commission, shall commence to construct a major electric transmission facility, as defined in 23-18-503, within a national interest electric transmission corridor without first having obtained a certificate of environmental compatibility and public need issued with respect to such a facility by the commission.

(c) Nothing in this subchapter shall be construed to require a certificate under this subchapter or an amendment thereof for:

(1) Reconstruction, alteration, or relocation of any major utility facility which must be reconstructed, altered, or relocated because of the requirements of any federal, state, or county governmental body or agency for purposes of highway transportation, public safety, or air and water quality; or

(2) Any major electric transmission facility to be constructed or operated by a municipal electric system that is located within the territorial limits of such municipal electric utility system.

(d) Any entity granted a certificate pursuant to subsection (b) of this section shall have the right of eminent domain as provided by Arkansas law for the limited purpose of constructing the certificated major electric transmission facility to the extent that the facility is located within a national interest electric transmission corridor.