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126.03.14-V. Affiliate Transactions Other than Financial Transactions.

AR ADC 126.03.14-VArkansas 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-V
126.03.14-V. Affiliate Transactions Other than Financial Transactions.
Currentness
A. Except as otherwise provided in this Rule V, or in other applicable law, with respect to an affiliate transaction involving assets, goods, services, information having competitive value, or personnel, a public utility shall not:
1. receive anything of value, unless the compensation paid by the public utility does not exceed the lower of market price or fully allocated cost of the item received; and,
2. provide anything of value, unless the compensation received by the public utility is no less than the higher of market price or fully allocated cost of the item provided.
B. Rule V shall not apply to or prohibit any of the following unless the Commission finds, after notice and hearing, unless waived by the parties, and consistent with applicable law, that such arrangement is not consistent with the purposes of these rules as defined in Rule II:
1. Exchanges of information:
a. necessary to the reliable provision of public utility service by a public utility, provided such exchange occurs consistently with guidelines published by the utility and applied equally to affiliates and non-affiliate entities;
b. required by or necessary to comply with federal statutes or regulations; or,
c. between or among a public utility, its parent holding company, a service company and any affiliated rate-regulated utility in another State of the United States.
2. The provision of shared corporate support services, at fully allocated cost, between or among a public utility and any affiliate, including a service company.
3. The provision, at fully allocated cost, of assets, goods, services, or personnel between or among a public utility and a affiliated rate-regulated utility in another State of the United States.
4. The provision of assets, goods, services, information having competitive value, or personnel, at a price determined by competitive bidding or pursuant to a regulatory filed or approved tariff or contract.
5. Any other affiliate transaction proposed by a public utility to be exempted from Rule V.A, provided that
a. the public utility first files with the Commission an application for an exemption of such proposed affiliate transaction from the requirements of Rule V.A, including a detailed description of the proposed transaction and any relevant supporting documentation, and
b. the Commission finds, after notice and hearing, unless waived by the parties, on such application and consistent with applicable law, that the proposed exemption is consistent with the purposes of these rules as defined in Rule II.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 126.03.14-V, AR ADC 126.03.14-V
End of Document