Hempstead Cnty. Hunting Club, Inc. v. Sw. Elec. Power Co.Annotate this Case
Three questions of law were certified to the Supreme Court from the federal district court. The certified questions arose from a complaint from Petitioner Hempstead County Hunting Club, Inc. (Hempstead). Hempstead contended that Respondent Southwestern Electric Power Company (SWEPCO) violated multiple public utilities statutes in the construction of its "Turk Plant." The first question from the federal court involved whether Hempstead was required to bring its claims before the state Public Service Commission (PSC) before suing in federal court. The Supreme Court concluded that under Arkansas law, Hempstead was first required to bring its claims before the Arkansas PSC. A court review of its claims should be precluded until Hempstead exhausted its administrative remedies. As a result, the Supreme Court did not address the remaining two certified questions.