§ 23-18-519 - Decision of commission -- Modifications of application.
               	 		
23-18-519.    Decision of commission -- Modifications of application.
    (a)  The  Arkansas Public Service Commission shall render a decision upon the  record either granting or denying the application as filed or granting  it upon such terms, conditions, or modifications of the location,  financing, construction, operation, or maintenance of the major utility  facility as the commission may deem appropriate.
(b)  The  commission may not grant a certificate for the location, financing,  construction, operation, and maintenance of a major utility facility,  either as proposed or as modified by the commission, unless it shall  find and determine:
      (1)  The basis of the need for the facility;
      (2)  That the facility will serve the public interest, convenience, and necessity;
      (3)  The nature of the probable environmental impact of the facility;
      (4)  That  the facility represents an acceptable adverse environmental impact,  considering the state of available technology, the requirements of the  customers of the applicant for utility service, the nature and economics  of the proposal, and the various alternatives, if any, and other  pertinent considerations;
      (5)  The nature of the probable economic impact of the facility;
      (6)  That  the facility financing method either as proposed or as modified by the  commission represents an acceptable economic impact, considering  economic conditions and the need for and cost of additional public  utility services;
      (7)  In the case  of an electric transmission line, that such a facility is not  inconsistent with known plans of other electric systems serving the  state, which plans have been filed with the commission;
      (8)  In  the case of a gas transmission line, that the location of the line will  not pose an undue hazard to persons or property along the area to be  traversed by the line;
      (9)  That the energy efficiency of the power production facility has been given significant weight in the decision-making process;
      (10)  That  the location of the facility as proposed conforms as closely as  practicable to applicable state, regional, and local laws and  regulations issued thereunder, except that the commission may refuse to  apply all or any part of any regional or local law or regulation if it  finds that, as applied to the proposed facility, that law or regulation  is unreasonably restrictive in view of the existing technology, or of  factors of cost or economics, or of the needs of consumers whether  located inside or outside of the directly affected government  subdivisions;
      (11)  The interstate  benefits expected to be achieved by the proposed construction or  modification of a major electric transmission facility, as described in     23-18-503(5)(B), that is located within a national interest electric  transmission corridor; and
      (12)  That  any conditions attached to a certificate for the construction or  modification of a major electric transmission facility, as described in     23-18-503(5)(B), that is located within a national interest electric  transmission corridor do not interfere with reduction of electric  transmission congestion in interstate commerce or render the project  economically infeasible.
(c)    (1)  If  the commission determines that the location or design of all or a part  of the proposed facility should be modified, it may condition its  certificate upon the modification, provided that the municipalities,  counties, and persons residing therein affected by the modification  shall have been given reasonable notice thereof, if the persons,  municipalities, or counties have not previously been served with notice  of the application.
      (2)  If the  commission requires in the case of a transmission line that a portion  thereof shall be located underground in one (1) or more areas, the  commission, after giving appropriate notice and an opportunity to be  heard to affected ratepayers, shall have the power and authority to  authorize the adjustment of rates and charges to customers within the  areas where the underground portion of the transmission line is located  in order to compensate for the additional costs, if any, of the  underground construction.
(d)    (1)  If  the commission determines that financing of all or part of the proposed  facility should be modified, it may condition its certificate upon the  modification.
      (2)  If at the time  of filing the application or within sixty (60) days thereafter, the  federal income tax laws and the state laws would permit the issuance of  tax-exempt bonds to finance the construction of the proposed facility  for the applicant and if the commission determines that financing the  facility with such tax-exempt bonds would be in the best interests of  the people of the state, the commission, after giving appropriate notice  and an opportunity to be heard to the parties, shall have the power and  authority to require by order or regulation that the facility be  financed in such manner as may be provided elsewhere by law.
(e)  A  copy of the decision and any order issued therewith shall be served  upon each party within sixty (60) days after the conclusion of each  hearing held under this subchapter.