§ 23-3-102 — Consolidations, stock purchases in another utility, or rentals of additional property

(a) With the consent and approval of the Arkansas Public Service Commission, but not otherwise: (1) Any two (2) or more public utilities may consolidate with each other; (2) Any public utility may acquire the stock or any part thereof of any other public utility; (3) Any public utility may sell, acquire, lease, or rent any public utility plant or property constituting an operating unit or system; and (4) A public utility may acquire, lease, or rent a plant or property constituting an operating unit or system, including any such plant or property owned by the public utility's affiliate or by another entity. (b) (1) Application for the approval and consent of the commission shall be made by the interested public utility and shall contain a concise statement of the proposed action, the reasons therefor, and such other information as may be required by the commission. (2) Upon the filing of an application, the commission shall investigate it, with or without public hearing, and in case of a public hearing, upon such notice as the commission may require. If it finds that the proposed action is consistent with the public interest, it shall give its consent and approval in writing. (3) In reaching its determination, the commission shall take into consideration the reasonable value of the property, plant, equipment, or securities of the utility to be acquired or merged. (c) No public utility shall sell, lease, rent, or otherwise transfer, in any manner, control of electric transmission facilities in this state without the approval of the commission, provided that the approval is required only to the extent the transaction is not subject to the exclusive jurisdiction of the Federal Energy Regulatory Commission or any other federal agency. (d) Any transaction required by this section to be submitted to the commission for its consent and approval shall be void unless the commission shall give its consent and approval thereto in writing. (e) (1) All transactions among or between a regulated electric public utility and any of its divisions, components, or affiliates that are not regulated by the commission shall be subject to such rules as may be promulgated by the commission so that: (A) All such transactions that involve regulated services shall be subject to the rates, terms, and conditions specified in tariffs approved by the commission; and (B) An electric utility shall not use any revenue from any regulated asset, operation, or service to subsidize the provision of any unregulated electric service or any other unregulated activity. (2) However, the provisions of this subsection shall not apply to any transactions involving an electric cooperative formed under the Electric Cooperative Corporation Act, § 23-18-301 et seq., in which: (A) The membership of such a cooperative approves the transaction; and (B) In the case of subdivision (e)(1)(B) of this section, the commission has not disallowed the transaction within sixty (60) days after the filing of a notice with the commission in writing of the proposed transaction by the cooperative.

Legislative History

Amended by Act 2015, No. 736,§ 1, eff. 7/22/2015. Acts 1935, No. 324, § 57; Pope's Dig., § 2117; A.S.A. 1947, § 73-253; Acts 2003, No. 204, § 7.