Ark. Code Ann. § 23-18-511 (2020)

An applicant for a certificate shall file with the Arkansas Public Service Commission a verified application in the form required by the commission and containing the following information:

1. A general description of the location and type of the major utility facility proposed to be built;
2. A general description of any reasonable alternate location or locations considered for the proposed facility;
3. A statement of the need and reasons for construction of the facility, including, if applicable, a reference to any prior commission action in an energy resource declaration-of-need proceeding determining the need for additional energy supply or transmission resources by the public utility;
4. A statement of the estimated costs of the major utility facility and the proposed method of financing the construction of the major utility facility;
5. 1. A general description of any reasonable alternate methods of financing the construction of the major utility facility and a description of the comparative merits and detriments of each alternate financing method considered.
   2. If at the time of filing of the application the federal income tax laws and the state laws would permit the issuance of tax-exempt bonds to finance the construction of the proposed major utility facility for the applicant by a state financing agency, the application shall also include a discussion of the merits and detriments of financing the major utility facility with the bonds;
6. An analysis of the projected economic or financial impact on the applicant and the local community in which the major utility facility is to be located as a result of the construction and the operation of the proposed major utility facility;
7. An analysis of the estimated effects on energy costs to the consumer as a result of the construction and operation of the proposed major utility facility;
8. 1. An exhibit containing an environmental impact statement that fully develops the six (6) factors listed in subdivision (8)(B) of this section, treating in reasonable detail such considerations, if applicable, as:
      1. The proposed major utility facility's direct and indirect effect on the following in the area in which the major utility facility is to be located:
         1. The ecology of the land, air, and water environment;
         2. Established park and recreational areas; and
         3. Any sites of natural, historic, and scenic values and resources of the area in which the major utility facility is to be located; and
      2. Any other relevant environmental effects.
   2. The environmental impact statement shall state:
      1. The environmental impact of the proposed action;
      2. Any adverse environmental effects that cannot be avoided;
      3. A description of the comparative merits and detriments of each alternate location considered for the major utility facility;
      4. For generating plants, the energy production process considered;
      5. A statement of the reasons why the proposed location and production process were selected for the major utility facility; and
      6. Any irreversible and irretrievable commitments of resources that would be involved in the proposed action should it be implemented;
9. The interstate benefits expected to be achieved by the proposed construction or modification of an electric transmission line and associated facilities, as described in § 23-18-503(6)(B), that is located within a national interest electric transmission corridor; and
10. Such other information of an environmental or economic nature as the applicant may consider relevant or as the commission may by rule or order require.

History. Acts 1973, No. 164, § 5; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.4; Acts 1999, No. 1556, § 9; 2001, No. 324, §§ 7, 8; 2003, No. 204, §§ 12, 13; 2007, No. 658, § 3; 2009, No. 164, § 7; 2011, No. 910, § 6; 2013, No. 1133, § 5; 2019, No. 315, § 2478.

Publisher's Notes. Acts 2001, No. 324, § 7, repealed the amendment by Acts 1999, No. 1556 that was to become effective January 1, 2002. The 1999 amendment would have added exceptions in (3), (4), (5)(A) and (7), and inserted a new subdivision.

Acts 2003, No. 204, §§ 12 and 13, repealed the amendment by Acts 2001, No. 324, § 8, that was to become effective October 1, 2003. The 2001 amendment would have added exceptions in (3), (4), (5)(A) and (7); and inserted a new subdivision which read:

“In the case of a major utility facility as defined by § 23-18-503(5)(B), the effect of the proposed facility on competition for the sale of electric generation in the state or region.”

Acts 2003, No. 204, § 16, provided:

“Nothing in this act shall alter or diminish the Arkansas Public Service Commission's authority under otherwise applicable law.”

Amendments. The 2009 amendment, in (9), substituted “as described in” for “as defined by,” and inserted “that is located.”

The 2011 amendment inserted “major utility” preceding “facility” throughout the section; inserted “including ... by the public utility” in (3); inserted “the following in the area in which the major utility facility is to be located” in (8)(A)(i); inserted “considered for the major utility facility” in (8)(B)(iii); and, in (9), substituted “an electric transmission line and associated facilities” for “a major electric transmission facility” and substituted “§ 23-18-503(6)(B)” for “§ 23-18-503(5)(B)”.

The 2013 amendment substituted “six (6)” for “four (4)” in (8)(A).

The 2019 amendment substituted “rule” for “regulation” in (10).