§ 23-18-504 - Exemptions -- Waiver.
               	 		
23-18-504.    Exemptions -- Waiver.
    (a)  This subchapter shall not apply to any major utility facility:
      (1)  For  which, prior to July 24, 1973, an application for the approval of the  facility has been made to any federal, state, regional, or local  governmental agency, which agency possesses the jurisdiction to consider  the matters prescribed for finding and determination in    23-18-519(a)  and (b);
      (2)  For which, prior to  July 24, 1973, the Arkansas Public Service Commission has issued a  certificate of convenience and necessity or otherwise approved the  construction of the facility;
      (3)  Over which an agency of the federal government has exclusive jurisdiction;
      (4)  That is owned by one (1) or more exempt wholesale generators as defined in    23-1-101(5); or
      (5)  That  is a facility for generating electric energy owned by any person,  including a public utility, if the costs of the facility will not be  recovered in rates subject to regulation by the commission.
(b)    (1)  Any  person intending to construct any utility facility excluded or exempted  from this subchapter may elect to waive the exclusion or exemption by  delivering notice of the waiver to the commission.
      (2)  This  subchapter shall thereafter apply to each major utility facility  identified in the notice from the date of its receipt by the commission.