Ark. Code Ann. » Title 23 Chapter 02
Arkansas Code Annotated

Ark. Code Ann. § 23-2-301 (2026)

Powers and jurisdiction of commission generally

✓ current as of May 2026
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The commission is vested with the power and jurisdiction, and it is made its duty, to supervise and regulate every public utility defined in § 23-1-101 and to do all things, whether specifically designated in this act, that may be necessary or expedient in the exercise of such power and jurisdiction, or in the discharge of its duty.

History. Acts 1935, No. 324, § 8; Pope's Dig., § 2071; A.S.A. 1947, § 73-202.

Publisher's Notes. For definition of the term “commission,” see § 23-1-101.

Meaning of “this act”. Acts 1935, No. 324, codified as §§ 14-200-101, 14-200-103 — 14-200-108, 14-200-111, 23-1-101 — 23-1-112, 23-2-301, 23-2-303 — 23-3-308, 23-2-310, 23-2-312, 23-2-314 — 23-2-316, 23-2-402, 23-2-405, 23-2-408, 23-2-410 — 23-2-412, 23-2-414 — 23-2-421, 23-2-426, 23-2-428, 23-2-429, 23-3-101 — 23-3-107, 23-3-112 — 23-3-115, 23-3-118, 23-3-119, 23-3-201 — 23-3-206, 23-4-102, 23-4-103, 23-4-105 — 23-4-109, 23-4-205, 23-4-402 — 23-4-405, 23-4-407 — 23-4-418, 23-4-620 — 23-4-634, 23-18-101.

Case Notes

In General.

The Arkansas Public Service Commission possesses the authority to regulate the promotional practices of Arkansas electric and gas utilities, and under § 23-2-305 the commission is allowed, after hearing and upon notice, to make or amend reasonable rules pertaining to the operation or service of public utilities; moreover, other statutes also give the commission the power to regulate the operations of and the service provided by public utilities. Arkansas Elec. Coop. Corp. v. Arkansas Pub. Serv. Comm'n, 42 Ark. App. 198, 856 S.W.2d 880 (1993).

The legislature has given the Arkansas Public Service Commission the responsibility of protecting the public interest in energy conservation and the authority to investigate and either approve or disapprove utility actions in the conservation or distribution of energy. Arkansas Elec. Coop. Corp. v. Arkansas Pub. Serv. Comm'n, 42 Ark. App. 198, 856 S.W.2d 880 (1993).

Attorney General.

The fact that § 23-4-305 gives the Attorney General the power to represent all classes of utility ratepayers before the commission does not mean that the Attorney General has veto power over the methodology employed by the commission in setting rates pursuant to the authority granted the commission under this section. Bryant v. Arkansas Pub. Serv. Comm'n, 46 Ark. App. 88, 877 S.W.2d 594 (1994).

Intrastate Sales.

State public utilities commission had the jurisdiction to regulate the wholesale intrastate sales of electricity between electric cooperative corporation and its members even though the corporation may incidentally buy or sell electricity which crosses state lines, since that is not the purpose of the corporation. Arkansas Pub. Serv. Comm'n v. Arkansas Elec. Coop. Corp., 273 Ark. 170, 618 S.W.2d 151 (1981), aff'd, 461 U.S. 375, 103 S. Ct. 1905, 76 L. Ed. 2d 1 (1983).

Public Utilities.

Court held that pay television transmission is an integral part of the telephone and telegraph business as it has developed and exists. Independent Theatre Owners, Inc. v. Arkansas Pub. Serv. Comm'n, 235 Ark. 668, 361 S.W.2d 642 (1962).

Rates.

The Arkansas Public Service Commission is a creature of the legislature and, in ratemaking, it is performing a legislative function which has been delegated to it; the commission was created to act for the General Assembly and it has the same power that body would have when acting within the powers conferred upon it by legislative act. Southwestern Bell Tel. Co. v. Ark. Pub. Serv. Comm'n, 267 Ark. 550, 593 S.W.2d 434 (1980).

The Arkansas Public Service Commission's assertion of jurisdiction over the wholesale rates charged by a customer-owned rural power cooperative to its member retail distributors does not offend either the Supremacy Clause or the Commerce Clause of the United States Constitution nor was such state regulation preempted by the Federal Power Act or the Rural Electrification Act. Arkansas Elec. Cooperative Corp. v. Arkansas Public Serv. Comm'n, 461 U.S. 375, 103 S. Ct. 1905, 76 L. Ed. 2d 1 (1983).

Scope of Authority.

Arkansas Public Service Commission's statutory authority is broad enough to allow it to consider stipulations entered into by parties to a proceeding in approaching rate regulation, and it must make independent findings that the stipulations are fair, just, reasonable and in the public interest. Southwestern Bell Tel. Co. v. Arkansas Pub. Serv. Comm'n, 58 Ark. App. 145, 946 S.W.2d 730 (1997).

The legislature's grant of authority to the Arkansas Public Service Commission is broad enough to allow it to hear a complaint brought as a class action. Brandon v. Arkansas Pub. Serv. Comm'n, 67 Ark. App. 140, 992 S.W.2d 834 (1999).

Surcharge statutes tie surcharges to existing facility costs and costs directly related to legislative or regulatory requirements, and there is no authority granted to the Arkansas Public Service Commission for the implementation of social programs; moreover; the same holds true of sliding-scale ratemaking where the statutory language of § 23-4-108 and Arkansas case law refer to costs associated with gas production and service to the ratepayers, not low-income assistance programs. Arkansas Gas Consumers, Inc. v. Arkansas Pub. Serv. Comm'n, 354 Ark. 37, 118 S.W.3d 109 (2003).

Cited: City of Fort Smith v. Dep't of Pub. Utils., 195 Ark. 513, 113 S.W.2d 100 (1938); Southwestern Bell Tel. Co. v. Norwood, 212 Ark. 763, 207 S.W.2d 733 (1948); Arkansas Power & Light Co. v. Arkansas Pub. Serv. Comm'n, 226 Ark. 225, 289 S.W.2d 668 (1956); Aluminum Co. of America v. Arkansas Pub. Serv. Comm'n, 226 Ark. 343, 289 S.W.2d 889 (1956); Summers Appliance Co. v. George's Gas Co., 244 Ark. 113, 424 S.W.2d 171 (1968); Southwestern Elec. Power Co. v. Coxsey, 257 Ark. 534, 518 S.W.2d 485 (1975); Redfield Tel. Co. v. Arkansas Pub. Serv. Comm'n, 273 Ark. 498, 621 S.W.2d 470 (1981); SEECO, Inc. v. Hales, 341 Ark. 673, 22 S.W.3d 157 (2000); Brandon v. Arkansas W. Gas Co., 76 Ark. App. 201, 61 S.W.3d 193 (2001); Centerpoint Energy, Inc. v. Miller County Circuit Court, 370 Ark. 190, 258 S.W.3d 336 (2007).

Notes of Decisions
Cited in 12 cases, 1993–2019 · leading case: Brandon v. Arkansas Pub. Serv. Comm'n, 992 S.W.2d 834 (Ark. Ct. App. 1999).
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Brandon v. Arkansas Pub. Serv. Comm'n, 992 S.W.2d 834 (Ark. Ct. App. 1999). · cites it 20× “" Ark.Code Ann. § 23-2-301 (1987). The issue of whether the Commission has been granted authority to hear class actions has never been directly addressed by the legislature or the Arkansas appellate courts; however, several supreme court decisions have held that the *838…”
Arkansas Gas Consumers, Inc. v. Arkansas Pub. Serv. Comm'n, 118 S.W.3d 109 (Ark. 2003). · cites it 10× “*117 Ark.Code Ann. § 23-2-301 (Repl.2002). See also Ark.”
Centerpoint Energy, Inc. v. Miller Cnty. Circuit Second Div., 258 S.W.3d 336 (Ark. 2007). · cites it 4× “For example, Ark.Code Ann. § 23-2-301 (Repl.2002) states that the APSC has the power to "supervise and regulate every public utility .”
Seeco, Inc. v. Hales, 22 S.W.3d 157 (Ark. 2000). · cites it 2× “§ 23-1-101, § 23-2-301 (1987). Charles Scharlau admitted in his testimony that the APSC had no direct authority to interfere with the Contract 59 price between SEECO and AWG.”
Entergy Arkansas, Inc. v. Arkansas Pub. Serv. Comm'n, 289 S.W.3d 513 (Ark. Ct. App. 2008). · cites it 2× “See generally Ark. Code Ann. §§ 23-2-301 and 23-4-102 to -104 (Repl.”
Brandon v. Arkansas W. Gas Co., 61 S.W.3d 193 (Ark. Ct. App. 2001). “In the first appeal in this proceeding, we held that, although Rule 23 does not govern proceedings before the Commission, the legislature had intended in Arkansas Code Annotated § 23-2-301 (1987) to give the Commission the authority to hear class actions where it may be…”
Bryant v. Arkansas Pub. Serv. Comm'n, 877 S.W.2d 594 (Ark. Ct. App. 1994). “Arkansas Code Annotated § 23-2-301 (1987) vests the Commission with the power and jurisdiction, and makes it the Commission’s duty, “to supervise and regulate every public utility defined in § 23-1-101 and to do all things, whether specifically designated in this act, that may…”
Arkansas Gas Consumers, Inc. v. Arkansas Pub. Serv. Comm'n, 91 S.W.3d 75 (Ark. Ct. App. 2002). · cites it 8× “In Ark.Code Ann. § 23-2-301 (Repl.2002), the legislature broadly defined the Commission's authority as follows: The commission is vested with the power and jurisdiction, and it is made its duty, to supervise and regulate every public utility defined in § 23-1-101 and to do all…”
Sw. Bell Tel. Co. v. Arkansas Pub. Serv. Comm'n, 946 S.W.2d 730 (Ark. Ct. App. 1997). · cites it 4× “That section provides “[t]he Commission is vested with the power and jurisdiction, and it is made its duty, to supervise and regulate every public utility defined in § 23-1-101.”
William B. Stanley, Niolene E. Stanley, Stephen C. Parker, Kathryn A. Parker, Matthew Britt, & Michael C. Willis, on Behalf of Themselves & All Others Similarly Situated v. Ozarks Elec. Coop. Corp. & Ozarksgo, LLC, 2019 Ark. App. 560 (Ark. Ct. App. 2019). · cites it 2× “” “Nothing in this subchapter shall interfere with the Arkansas Public Service Commission’s authority to regulate public utilities pursuant to section 23-2-301 et seq.” Ark. Code Ann. § 23-18 - 805(b).”
Arkansas Elec. Energy Consumers, Inc. v. Arkansas Pub. Serv. Comm'n, 410 S.W.3d 47 (Ark. Ct. App. 2012). “The general statutes cited by the Commission included Arkansas Code Annotated sections 23-2-301 to -305 (Repl.2002). . The Commission also cited 16 U.”
Arkansas Elec. Coop. Corp. v. Arkansas Pub. Serv. Comm'n, 856 S.W.2d 880 (Ark. Ct. App. 1993). · cites it 2× “Ark. Code Ann. § 23-2-305 (1987). Other statutes also give the Commission the power to regulate the operations of and the service provided by public utilities.”
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