Ark. Code Ann. § 23-4-408 (2026)
Interim implementation of suspended rates
- If the public utility contends that an immediate and impelling necessity exists for the requested rate increase, a petition may be filed with the Arkansas Public Service Commission narrating the alleged circumstances and requesting a hearing on the petition.
- The hearing must commence within thirty (30) days from the date of the filing of the petition or at such subsequent time as may be mutually agreeable to the commission and the utility.
- If the commission finds at the hearing that there is substantial merit to the allegation of the utility's claims, the commission may permit all or a portion of the rate to become effective if there is filed with the commission a bond to be approved by it, payable to the State of Arkansas in such amount and with such sufficient security to insure the prompt payment of any damages or refunds, with interest, to the persons entitled thereto if the rate so put into effect is finally determined to be excessive or if there is substituted for the bond other arrangements satisfactory to the commission for the protection of the parties interested.
- The findings of the commission relative to the petition of the utility for the immediate and impelling necessity for relief shall be issued on or before the sixtieth day following the date of filing of the petition.
History. Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (1st Ex. Sess.), No. 30, § 1; 1985, No. 523, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 994, § 1. Acts 1987, No. 834, provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.
Case Notes
Agreement and Undertaking.
When the telephone company's agreement and undertaking, which was approved by the Arkansas Public Service Commission and made the company's proposed tariff effective, was read in the light of §§ 23-4-402 — 23-4-418, it did not require any refund that the commission could not order under this section; in other words, the agreement could not bind the telephone company to do more than the commission could require under §§ 23-4-402 — 23-4-418, and the agreement could not have the effect of increasing the commission's power or the telephone company's obligation. Southwestern Bell Tel. Co. v. Ark. Pub. Serv. Comm'n, 267 Ark. 550, 593 S.W.2d 434 (1980).
Bond.
The terms of §§ 23-4-402 — 23-4-418 are considered as if they were written into any bond filed under this section, and, in determining extent of liability on the bond, the language of this section is controlling over the language of the bond. Southwestern Bell Tel. Co. v. Ark. Pub. Serv. Comm'n, 267 Ark. 550, 593 S.W.2d 434 (1980).
Commission's Authority.
Inclusion of requests both for rate increase and escalator clauses in one schedule upon petition of gas company for increase in consumption rate was not fatal to the power of the commission to allow the rate increase to go into effect under bond where it at the same time recited that the proposed escalator clauses were not to go into effect until further order of the commission. Aluminum Co. of America v. Arkansas Pub. Serv. Comm'n, 226 Ark. 343, 289 S.W.2d 889 (1956).
Contest of Rate Increase.
Where the customers and ratepayers had been allowed to intervene in the rate increase proceedings before the Arkansas Public Service Commission, they had a full and adequate opportunity to contest the proposed rate increase and its statutory basis; and, therefore, the circuit court had no jurisdiction over a subsequent class action suit brought by the customers of the utility, in which they alleged that part of this section was unconstitutional in that it allows a utility to collect a requested rate increase under bond. Oklahoma Gas & Elec. Co. v. Lankford, 278 Ark. 595, 648 S.W.2d 65 (1983).
Rights of Utility.
Upon petition for rate increase by gas company, the company had the right when it filed its schedule to ask that its monthly consumption rate go into effect under bond and that proposed escalator clauses be considered on final hearing under § 23-4-108. Aluminum Co. of America v. Arkansas Pub. Serv. Comm'n, 226 Ark. 343, 289 S.W.2d 889 (1956).
Cited: City of El Dorado v. Arkansas Pub. Serv. Comm'n, 235 Ark. 812, 362 S.W.2d 680 (1962); Arkansas Power & Light Co. v. Arkansas Pub. Serv. Comm'n, 261 Ark. 184, 546 S.W.2d 720 (1977); Southwestern Bell Tel. Co. v. Arkansas Pub. Serv. Comm'n, 584 F. Supp. 1087 (E.D. Ark. 1984); Bryant v. Arkansas Pub. Serv. Comm'n, 57 Ark. App. 73, 941 S.W.2d 452 (1997).