Skip to content
The COVID Project
  1. Library
  2. State utilities, housing and agriculture agencies
  3. AGY-ST-UTILITIES-HOUSING-AG-003

Ex. AGY-ST-UTILITIES-HOUSING-AG-003 Order Primary source read

Order No. 1, Docket No. 20-012-A, In the Matter of Administrative Orders Relating to the COVID-19 State of Emergency

Order directing all Commission-jurisdictional electric, gas and water public utilities to suspend disconnections during the Governor's emergency declaration, suspending tariff provisions conditioning reconnection, and authorizing regulatory assets

Arkansas Public Service Commission · Arkansas (State public utility commission) (Sector regulator)

The COVID Project

The record

Jurisdiction
Arkansas (State public utility commission) · Arkansas
Level
Sector regulator
Authority
Ark. Code Ann. 23-2-301; EO 20-03; EO 20-06 (recited)
Issued
2020-04-10 Apr. 10, 2020
Effective
2020-04-10 (filed April 10, 2020, 11:40 a.m.) (read as 2020-04-10)
End
By its terms, 'during the pendency of the Governor's emergency declaration, or until this directive is rescinded by the Commission'. (read as 2021-05-30)
In force
Apr. 10, 2020 to May 30, 2021
Quarters
2020 Q22020 Q32020 Q4
Limitation types
Other
Addressees
  • all Commission-jurisdictional electric public utilities (Entergy Arkansas, OG&E, SWEPCO, Empire District and 18 named electric cooperatives)
  • gas utilities (Arkansas Oklahoma Gas, Black Hills Energy Arkansas, CenterPoint Energy Resources, Logan Township Gas Users Association)
  • water utilities (Liberty Utilities (Pine Bluff Water))
Functions reached
  • OP collections and disconnection operations of every jurisdictional electric, gas and water utility suspended
  • SV reconnection of previously disconnected customers required without tariff conditions
  • OF new quarterly cost-reporting obligation from July 1, 2020
  • CB customer base (bills continue to accrue; payment arrangements encouraged when the prohibition lifts)
Collection
State utilities, housing and agriculture agencies AGY-ST-UTILITIES-HOUSING-AG

Operative words

2. If they have not done so already, all Commission-jurisdictional electric, gas, and water public utilities (Utilities) in the State of Arkansas shall suspend disconnections of water, gas, and electricity services during the pendency of the Governor's emergency declaration, or until this directive is rescinded by the Commission. The Commission also suspends, pending further orders, any and all rules and provisions of individual Utility tariffs on file that prevent or condition re-connection of disconnected customers.... 5. Utilities shall be required to offset costs by any cost savings directly attributable to the suspension of disconnections or other activities during the emergency declaration. Utilities should track all costs related to the implementation of these emergency measures. 6. All Utilities shall file a quarterly report on the amounts of the costs incurred and saved which have been booked to the regulatory assets beginning on July 1, 2020, and every three months thereafter.... 8. This Order shall not affect a Utility's ability to disconnect a customer's service for public safety concerns unrelated to non-payment of services. 9. This Order does not eliminate the requirement that Utility customers continue to pay Utility bills during this temporary suspension.

Enforcement

Ark. Code Ann. 23-2-301 ('vested with the power and jurisdiction, and it is made its duty, to supervise and regulate every public utility... and to do all things... necessary or expedient in the exercise of such power'); Ark. Code Ann. 23-3-108 to -109 (penalties for violation of Commission orders)

Notes

The docket generated more than 300 filings by utilities responding to Order No. 1 (CenterPoint's request to suspend late fees, Apr. 22, 2020; SWEPCO, OG&E, Entergy Arkansas, Farmers and Craighead cooperatives' requests for additional actions, Apr. 29-May 8, 2020), read in header only. The order recites that 'most jurisdictional electric, gas, and water public utilities have already resolved to suspend all disconnections for non-payment' and makes the suspension mandatory.

Retrieval note

Later Commission orders in Docket 20-012-A (the order lifting the suspension) were not located among documents 1-160.