Ark. Code Ann. § 23-4-501
This is the official text of Ark. Code Ann. § 23-4-501, part of Arkansas’s Code Ann — part of the compiled statutory law of Arkansas, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Authority to recover costs through interim rate schedule
Official statutory text
(a) (1) Upon a proper filing with the Arkansas Public Service Commission, a public utility shall be permitted to recover in a prompt and timely manner all investments and expenses through an interim surcharge, if the investments or expenses: (A) Are not currently being recovered in existing rates; (B) Are reasonably incurred; (C) Were not reasonably known and measurable at a time that allowed for a reasonable opportunity for the inclusion and consideration of the investments or expenses for recovery in the public utility's last general rate case; (D) Are incurred by the public utility to comply with legislative or administrative rules or requirements; (E) Relate to the protection of the public health, safety, or the environment; (F) Cannot otherwise be recovered in a prompt and timely manner; and (G) Are any of the following: (i) Mandatory; (ii) A condition of continued operation of a utility facility; or (iii) Previously approved by the commission. (2) The interim surcharge shall be effective until the implementation of new rate schedules in connection with the next general rate filing of the public utility in which such investments or expenses can be included in the public utility's base rate schedule. (3) However, the costs to be recovered through such an interim surcharge described in subdivisions (a)(1) and (2) of this section shall not include increases in the cost for employment compensation or benefits as a result of legislative or regulatory action. (b) (1) A public utility shall be permitted to recover, through an interim surcharge, the allowance for funds used during construction that would otherwise be accrued and capitalized that is incurred during the construction of facilities and equipment required for compliance with such legislative or administrative rules or requirements, provided that any such allowance for funds used during construction has not been capitalized or otherwise included in the utility's currently effective rates. (2) The public utility shall not capitalize or otherwise recover through rates any allowance for funds used during construction incurred in connection with investments described in subdivision (b)(1) of this section when the associated financing costs are included in an interim surcharge. Amended by Act 2019, No. 315,§ 2394, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2393, eff. 7/24/2019. Amended by Act 2015, No. 1000,§ 2, eff. 4/2/2015. Acts 1981, No. 310, § 1; A.S.A. 1947, § 73-217.1.
(a) (1) Upon a proper filing with the Arkansas Public Service Commission, a public utility shall be permitted to recover in a prompt and timely manner all investments and expenses through an interim surcharge, if the investments or expenses: (A) Are not currently being recovered in existing rates; (B) Are reasonably incurred; (C) Were not reasonably known and measurable at a time that allowed for a reasonable opportunity for the inclusion and consideration of the investments or expenses for recovery in the public utility's last general rate case; (D) Are incurred by the public utility to comply with legislative or administrative rules or requirements; (E) Relate to the protection of the public health, safety, or the environment; (F) Cannot otherwise be recovered in a prompt and timely manner; and (G) Are any of the following: (i) Mandatory; (ii) A condition of continued operation of a utility facility; or (iii) Previously approved by the commission. (2) The interim surcharge shall be effective until the implementation of new rate schedules in connection with the next general rate filing of the public utility in which such investments or expenses can be included in the public utility's base rate schedule. (3) However, the costs to be recovered through such an interim surcharge described in subdivisions (a)(1) and (2) of this section shall not include increases in the cost for employment compensation or benefits as a result of legislative or regulatory action.
t general rate filing of the public utility in which such investments or expenses can be included in the public utility's base rate schedule. (3) However, the costs to be recovered through such an interim surcharge described in subdivisions (a)(1) and (2) of this section shall not include increases in the cost for employment compensation or benefits as a result of legislative or regulatory action.
(1) Upon a proper filing with the Arkansas Public Service Commission, a public utility shall be permitted to recover in a prompt and timely manner all investments and expenses through an interim surcharge, if the investments or expenses: (A) Are not currently being recovered in existing rates; (B) Are reasonably incurred; (C) Were not reasonably known and measurable at a time that allowed for a reasonable opportunity for the inclusion and consideration of the investments or expenses for recovery in the public utility's last general rate case; (D) Are incurred by the public utility to comply with legislative or administrative rules or requirements; (E) Relate to the protection of the public health, safety, or the environment; (F) Cannot otherwise be recovered in a prompt and timely manner; and (G) Are any of the following: (i) Mandatory; (ii) A condition of continued operation of a utility facility; or (iii) Previously approved by the commission.
(A) Are not currently being recovered in existing rates;
(B) Are reasonably incurred;
(C) Were not reasonably known and measurable at a time that allowed for a reasonable opportunity for the inclusion and consideration of the investments or expenses for recovery in the public utility's last general rate case;
(D) Are incurred by the public utility to comply with legislative or administrative rules or requirements;
(E) Relate to the protection of the public health, safety, or the environment;
(F) Cannot otherwise be recovered in a prompt and timely manner; and
(G) Are any of the following: (i) Mandatory; (ii) A condition of continued operation of a utility facility; or (iii) Previously approved by the commission.
(i) Mandatory;
(ii) A condition of continued operation of a utility facility; or
(iii) Previously approved by the commission.
(2) The interim surcharge shall be effective until the implementation of new rate schedules in connection with the next general rate filing of the public utility in which such investments or expenses can be included in the public utility's base rate schedule.
(3) However, the costs to be recovered through such an interim surcharge described in subdivisions (a)(1) and (2) of this section shall not include increases in the cost for employment compensation or benefits as a result of legislative or regulatory action.
(b) (1) A public utility shall be permitted to recover, through an interim surcharge, the allowance for funds used during construction that would otherwise be accrued and capitalized that is incurred during the construction of facilities and equipment required for compliance with such legislative or administrative rules or requirements, provided that any such allowance for funds used during construction has not been capitalized or otherwise included in the utility's currently effective rates. (2) The public utility shall not capitalize or otherwise recover through rates any allowance for funds used during construction incurred in connection with investments described in subdivision (b)(1) of this section when the associated financing costs are included in an interim surcharge.
during construction has not been capitalized or otherwise included in the utility's currently effective rates. (2) The public utility shall not capitalize or otherwise recover through rates any allowance for funds used during construction incurred in connection with investments described in subdivision (b)(1) of this section when the associated financing costs are included in an interim surcharge.
(1) A public utility shall be permitted to recover, through an interim surcharge, the allowance for funds used during construction that would otherwise be accrued and capitalized that is incurred during the construction of facilities and equipment required for compliance with such legislative or administrative rules or requirements, provided that any such allowance for funds used during construction has not been capitalized or otherwise included in the utility's currently effective rates.
(2) The public utility shall not capitalize or otherwise recover through rates any allowance for funds used during construction incurred in connection with investments described in subdivision (b)(1) of this section when the associated financing costs are included in an interim surcharge.
Amended by Act 2019, No. 315,§ 2394, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2393, eff. 7/24/2019.
Amended by Act 2015, No. 1000,§ 2, eff. 4/2/2015.
Acts 1981, No. 310, § 1; A.S.A. 1947, § 73-217.1.
(a) (1) Upon a proper filing with the Arkansas Public Service Commission, a public utility shall be permitted to recover in a prompt and timely manner all investments and expenses through an interim surcharge, if the investments or expenses: (A) Are not currently being recovered in existing rates; (B) Are reasonably incurred; (C) Were not reasonably known and measurable at a time that allowed for a reasonable opportunity for the inclusion and consideration of the investments or expenses for recovery in the public utility's last general rate case; (D) Are incurred by the public utility to comply with legislative or administrative rules or requirements; (E) Relate to the protection of the public health, safety, or the environment; (F) Cannot otherwise be recovered in a prompt and timely manner; and (G) Are any of the following: (i) Mandatory; (ii) A condition of continued operation of a utility facility; or (iii) Previously approved by the commission. (2) The interim surcharge shall be effective until the implementation of new rate schedules in connection with the next general rate filing of the public utility in which such investments or expenses can be included in the public utility's base rate schedule. (3) However, the costs to be recovered through such an interim surcharge described in subdivisions (a)(1) and (2) of this section shall not include increases in the cost for employment compensation or benefits as a result of legislative or regulatory action.
t general rate filing of the public utility in which such investments or expenses can be included in the public utility's base rate schedule. (3) However, the costs to be recovered through such an interim surcharge described in subdivisions (a)(1) and (2) of this section shall not include increases in the cost for employment compensation or benefits as a result of legislative or regulatory action.
(1) Upon a proper filing with the Arkansas Public Service Commission, a public utility shall be permitted to recover in a prompt and timely manner all investments and expenses through an interim surcharge, if the investments or expenses: (A) Are not currently being recovered in existing rates; (B) Are reasonably incurred; (C) Were not reasonably known and measurable at a time that allowed for a reasonable opportunity for the inclusion and consideration of the investments or expenses for recovery in the public utility's last general rate case; (D) Are incurred by the public utility to comply with legislative or administrative rules or requirements; (E) Relate to the protection of the public health, safety, or the environment; (F) Cannot otherwise be recovered in a prompt and timely manner; and (G) Are any of the following: (i) Mandatory; (ii) A condition of continued operation of a utility facility; or (iii) Previously approved by the commission.
(A) Are not currently being recovered in existing rates;
(B) Are reasonably incurred;
(C) Were not reasonably known and measurable at a time that allowed for a reasonable opportunity for the inclusion and consideration of the investments or expenses for recovery in the public utility's last general rate case;
(D) Are incurred by the public utility to comply with legislative or administrative rules or requirements;
(E) Relate to the protection of the public health, safety, or the environment;
(F) Cannot otherwise be recovered in a prompt and timely manner; and
(G) Are any of the following: (i) Mandatory; (ii) A condition of continued operation of a utility facility; or (iii) Previously approved by the commission.
(i) Mandatory;
(ii) A condition of continued operation of a utility facility; or
(iii) Previously approved by the commission.
(2) The interim surcharge shall be effective until the implementation of new rate schedules in connection with the next general rate filing of the public utility in which such investments or expenses can be included in the public utility's base rate schedule.
(3) However, the costs to be recovered through such an interim surcharge described in subdivisions (a)(1) and (2) of this section shall not include increases in the cost for employment compensation or benefits as a result of legislative or regulatory action.
(b) (1) A public utility shall be permitted to recover, through an interim surcharge, the allowance for funds used during construction that would otherwise be accrued and capitalized that is incurred during the construction of facilities and equipment required for compliance with such legislative or administrative rules or requirements, provided that any such allowance for funds used during construction has not been capitalized or otherwise included in the utility's currently effective rates. (2) The public utility shall not capitalize or otherwise recover through rates any allowance for funds used during construction incurred in connection with investments described in subdivision (b)(1) of this section when the associated financing costs are included in an interim surcharge.
during construction has not been capitalized or otherwise included in the utility's currently effective rates. (2) The public utility shall not capitalize or otherwise recover through rates any allowance for funds used during construction incurred in connection with investments described in subdivision (b)(1) of this section when the associated financing costs are included in an interim surcharge.
(1) A public utility shall be permitted to recover, through an interim surcharge, the allowance for funds used during construction that would otherwise be accrued and capitalized that is incurred during the construction of facilities and equipment required for compliance with such legislative or administrative rules or requirements, provided that any such allowance for funds used during construction has not been capitalized or otherwise included in the utility's currently effective rates.
(2) The public utility shall not capitalize or otherwise recover through rates any allowance for funds used during construction incurred in connection with investments described in subdivision (b)(1) of this section when the associated financing costs are included in an interim surcharge.
Amended by Act 2019, No. 315,§ 2394, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 2393, eff. 7/24/2019.
Amended by Act 2015, No. 1000,§ 2, eff. 4/2/2015.
Acts 1981, No. 310, § 1; A.S.A. 1947, § 73-217.1.
Status: in_force
Need a lawyer in Arkansas?
Find a Arkansas lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.