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126.03.14-III. Definitions.

AR ADC 126.03.14-IIIArkansas Administrative Code

West's Arkansas Administrative Code
Title 126. Public Service Commission
Division 03. Utilities Division
Rule 14. Affiliate Transaction Rules
Ark. Admin. Code 126.03.14-III
126.03.14-III. Definitions.
A. “Affiliate” means:
1. any person covered by the definition of:
a. “affiliated interest with a public utility” under Ark. Code Ann. § 23-1-101(1)(A), (B) and (C);
b. “affiliate” under Ark. Code Ann. § 23-3-302(2); or
c. “Affiliate company” under Ark. Code Ann. § 23-18-103 (a) (1); and,
2. any unit, division, separate business activity or operating part (a “division”),
a. which is within a public utility, and
b. which provides assets, goods, services, information having competitive value, personnel, or financial resources other than, or in addition to, public utility service provided directly to Arkansas retail customers.
B. “Public utility goods or services” mean goods or services which the public utility is required, by Arkansas statute or Commission rules, to provide to Arkansas retail customers.
C. “Public utility” means all jurisdictional rate-regulated public utilities.
D. “Direct cost” of a product or service means a cost solely attributable, on a cost-causative basis, to the production or provision of such individual product or service where the attribution does not require the use of allocations to separate the costs incurred in the production of other services or products.
E. “Indirect cost” of a product or service means a cost, other than a direct cost, properly attributable to the production or provision of an individual product or service.
F. “Fully allocated cost,” with respect to a particular product or service, is the sum of the direct cost and indirect cost of that product or service.
G. “Affiliate transaction” means a purchase, sale, trade, lease, transfer, sharing or joint use, between a public utility and any affiliate thereof, of assets (whether tangible or intangible), goods, services, information having competitive value, personnel, or financial resources but not including (1) electricity or gas, (2) electric transmission, (3) any purchase, sale, trade, lease, transfer, sharing or joint use, between a public utility and any affiliate thereof, of (i) capacity and energy, (ii) gas, coal, uranium or other fuel and (iii) related gathering, storage, transportation or assets, services and consumables, in each case the costs of which are recovered by the public utility through Commission-approved base rates or a purchased gas adjustment, purchased power adjustment, fuel adjustment or similar mechanism or (4) transactions described at Ark. Code Ann. § 23-3-102 (e)(2).
H. “Non-utility asset” is an asset used for one or more non-utility businesses; where an asset is used for both utility and non-utility businesses, a “non-utility asset” is an appropriate allocated portion of the shared asset, as determined by the Commission.
I. “Non-utility business” means a business other than the provision of public utility goods or services as defined at III.B.
J. “Utility related business” means a business which is, or which engages in:
1. a rate-regulated utility in another state of the United States;
2. independent power generation;
3. energy marketing and trading;
4. gas gathering, production, storage, distribution and transportation;
5. providing fuel to generating plants;
6. a nuclear decommissioning trust;
7. an entity created to facilitate tax advantages for the holding company system;
8. an entity created to facilitate financing transactions;
9. a captive insurance and other risk management entity;
10. an entity that holds or manages emission allowances or other environmental allowances or credits;
11. an entity created to facilitate risk management with respect to the ownership of real property and improvements thereon;
12. an entity that engages in producing, generating, transmitting, delivering, distributing, storing, selling, marketing, and/or furnishing gas, oil, electricity, thermal energy, and/or steam energy, to wholesale and/or retail customers;
13. an entity that provides or is engaged in:
a. energy management services and demand side management activities;
b. development and commercialization of electrotechnologies related to energy conservation, storage and conversion;
c. ownership, operation, sale, installation and servicing of refueling, recharging and conversion equipment and facilities relating to electric and compressed natural gas powered vehicles;
d. sale of electric and gas appliances or equipment to promote energy efficiency or new technologies, or new applications for existing technologies or for energy efficiency, that use gas or electricity and equipment that enables the use of gas or electricity as an alternate fuel and the installation and servicing thereof;
e. production, conversion, sale and distribution of thermal energy products, such as process steam, heat, hot water, chilled water, air conditioning, compressed air and similar products, alternative fuels, and renewable energy resources, and the servicing of thermal resources;
f. sale of technical, operational, management and other similar kinds of services and expertise relating to distribution, transmission, generation engineering, development, design and rehabilitation, construction, maintenance and operation, fuel procurement, delivery and management and environmental licensing, testing and remediation;
g. ownership, operation and servicing of fuel procurement, transportation, handling and storage facilities, scrubbers, and resource recovery and waste water treatment facilities, including activities related to nuclear fuels;
h. development and commercialization of technologies or processes that utilize coal waste or by-products as an integral component of such technology or process;
i. securitization activities;
j. development activities relating to other authorized electric or gas related activities;
k. local community development investments relating to other authorized electric or gas related activities; or,
l. sales of assets related to other authorized electric or gas related activities; or,
14. other utility related activities as determined on a case-by-case basis by the Commission.
K. “Service company” means a person or division that is organized principally for the purpose of providing shared corporate support services to a public utility or its affiliates or divisions.
L. “Shared corporate support services” means services shared between or among a public utility, its parent holding company or an affiliate or division, such as human resources, procurement, information technology, regulatory services, administrative services, real estate services, legal services, accounting services, environmental services, research and development, internal audit, community relations, corporate communications, financial services, financial planning and management support, and corporate services.
M. “Market price” means a price determined by a public utility as the amount it would pay or receive for receiving or providing a good or service in an affiliate transaction based on comparisons of similar transactions with, or the price of similar goods and services available from, unrelated third parties. A public utility may make such determination based on surveys, specific price inquiries, benchmarking, competitive bids or any other reasonable method. For goods or services for which there is no readily available comparative market price, the price shall be the fully allocated cost of the person supplying the goods or services.
N. “Agreed Upon Procedures” means the activities performed by an independent accountant conforming with Interim Attestation Standard AT 201 of the Public Company Accounting Oversight Board (or successor provision) as in force at the time such procedures are required under these rules.
O. “Commission” means the Arkansas Public Service Commission.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 126.03.14-III, AR ADC 126.03.14-III
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