§ 23-18-902 - Definitions.
               	 		
23-18-902.    Definitions.
    As used in this subchapter:
      (1)  "Ancillary  agreement" means any bond, insurance policy, letter of credit, reserve  account, surety bond, swap arrangement, hedging arrangement, liquidity  or credit support arrangement, or other financial arrangement entered  into in connection with the issuance of storm recovery bonds;
      (2)  "Assignee"  means any legal or commercial entity, including but not limited to, a  corporation, statutory trust, limited liability company, partnership,  limited partnership, or other legally recognized entity to which an  electric utility sells, assigns, or transfers, other than as security,  all or a portion of its interest in or right to storm recovery property.  The term also includes any legal or commercial entity to which an  assignee sells, assigns, or transfers, other than as security, all or a  portion of its interest in or right to storm recovery property;
      (3)  "Commission" means the Arkansas Public Service Commission;
      (4)  "Electric  utility" means any person or any combination of persons, or lessees,  trustees, and receivers of such person, now or hereafter owning or  operating for compensation in this state equipment or facilities for  producing, generating, transmitting, distributing, selling, or  furnishing electricity to or for the public at retail in this state  including an electric cooperative corporation generating or transmitting  electricity;
      (5)  "Financing costs" means:
            (A)  Interest, discounts, and acquisition, defeasance, or redemption premiums that are payable on storm recovery bonds;
            (B)  Any  payment required under an ancillary agreement and any amount required  to fund or replenish reserve or other accounts or subaccounts  established under the terms of any indenture, ancillary agreement, or  other financing documents pertaining to storm recovery bonds;
            (C)  Any  other cost related to issuing, supporting, repaying, and servicing  storm recovery bonds, including, but not limited to, servicing fees,  billing or other information system programming costs, accounting and  auditing fees, trustee fees and expenses, legal fees and expenses,  consulting fees and expenses, administrative fees and expenses,  placement and underwriting fees and expenses, independent director and  manager fees and expenses, capitalized interest, rating agency fees and  expenses, stock exchange listing and compliance fees and expenses, and  filing fees, including costs related to obtaining the financing order;
            (D)  Any  income taxes and license or other fees imposed on the revenues  generated from the collection of storm recovery charges or otherwise  resulting from the collection of storm recovery charges, in any such  case whether paid, payable, or accrued;
            (E)  Any  gross receipts, franchise, use, and other taxes or similar charges  including, but not limited to, regulatory assessment fees, in any such  case whether paid, payable, or accrued, imposed upon the electric  utility, any assignee, or any financing party with respect to the  receipt of storm recovery charges or the issuance of storm recovery  bonds;
            (F)  Any other costs, charges, and amounts approved by the commission in a financing order;
      (6)  "Financing  order" means an order of the commission adopted upon petition of an  electric utility and pursuant to    23-18-903 which, among other things,  allows for:
            (A)  The issuance of storm recovery bonds;
            (B)  The imposition, collection, and periodic adjustments of storm recovery charges;
            (C)  The creation of storm recovery property; or
            (D)  The sale, assignment, or transfer of storm recovery property to an assignee;
      (7)  "Financing  party" means any holder of storm recovery bonds and any trustee,  collateral agent, or other person acting for the benefit of holders of  storm recovery bonds;
      (8)  "Financing  statement" has the same meaning as that provided in the Uniform  Commercial Code -- Secured Transactions,    4-9-101 et seq.;
      (9)  "Secured  party" means a financing party in favor of which an electric utility or  its direct or indirect successors or assignees creates a security  interest in all or any portion of its interest in or right to storm  recovery property. A secured party may be granted a security interest in  storm recovery property under this subchapter and a security interest  in other collateral subject to the Uniform Commercial Code -- Secured  Transactions,    4-9-101 et seq., in one (1) security agreement;
      (10)  "Security  interest" means a pledge, hypothecation, or other encumbrance of or  other right over any portion of storm recovery property created by  contract to secure the payment or performance of an obligation;
      (11)  "Storm"  means, individually or collectively, a named tropical storm, a named  hurricane, a tornado, an ice or snow storm, a flood, an earthquake or  other significant weather event or a natural disaster that occurred  during the calendar year 2009 or thereafter;
      (12)  "Storm  recovery activity" means any activity or activities by or on behalf of  an electric utility in connection with the restoration of service  associated with electric power outages affecting customers of an  electric utility as the result of a storm or storms, including, but not  limited to, all internal and external labor costs and all costs related  to mobilization, staging, and construction, reconstruction, replacement,  or repair of electric generation, transmission, or distribution  facilities;
      (13)  "Storm recovery  bonds" means bonds, debentures, notes, certificates of beneficial  interest, certificates of participation, certificates of ownership, or  other evidences of indebtedness or ownership that are issued pursuant to  or in connection with an indenture, contract, ancillary agreement, or  other agreement of an electric utility or an assignee pursuant to a  financing order, the proceeds of which are used directly or indirectly  to provide, recover, finance, or refinance commission-approved storm  recovery costs, financing costs, and costs to replenish or fund a storm  recovery reserve to such level as the commission may authorize in a  financing order, and which are secured by or payable from storm recovery  property. If certificates of beneficial interest, certificates of  participation or ownership are issued, references in this subchapter to  principal, interest, or premium shall be construed to refer to  comparable amounts under those certificates;
      (14)  "Storm  recovery charges" means the amounts authorized by the commission to  recover, finance, or refinance storm recovery costs, financing costs,  and the costs to create, fund, or replenish a storm recovery reserve,  including, but not limited to, through the issuance and repayment of  storm recovery bonds. Such charges shall be imposed on all customer  bills and collected by an electric utility or its successors or  assignees, or a collection agent. Such charges shall be nonbypassable  charges that are separate and apart from the electric utility's base  rates and shall be paid by all existing and future customers receiving  transmission or distribution service, or both, from the electric utility  or its successors or assignees under commission-approved rate schedules  as provided in the financing order. An individual customer's monthly  storm recovery charges shall be based upon the customer's then current  monthly billing determinants;
      (15)  "Storm  recovery costs" means, at the option and request of the electric  utility and as approved by the commission pursuant to    23-18-903  reasonable and necessary costs, including costs expensed, charged to  self-insurance reserves, capitalized, or otherwise financed, that are  incurred, including costs incurred prior to April 1, 2009, or expected  to be incurred by an electric utility in undertaking a storm recovery  activity. Such costs shall be net of applicable insurance proceeds and,  where determined appropriate by the commission, shall include  adjustments for normal capital replacement and operating costs, lost  revenues, or other potential offsetting adjustments. Storm recovery  costs shall include carrying costs, at simple interest which shall  accrue at a rate equal to the electric public utility's last approved  rate-base rate of return, from the date on which the storm recovery  costs were incurred until the date that storm recovery bonds are issued  or until storm recovery costs are otherwise recovered. Storm recovery  costs shall also include the costs of retiring or purchasing any  indebtedness or equity relating to or associated with storm recovery  activities, including accrued interest, premium and other fees, costs,  and charges related thereto. Storm recovery costs shall also include the  costs to create or fund any storm recovery reserves or to replenish any  shortfall in any storm recovery reserves;
      (16)  "Storm recovery property" means:
            (A)  All  rights and interests of an electric utility or the direct or indirect  successors or assignees of the electric utility under a financing order,  including the right to impose, bill, collect, and receive storm  recovery charges authorized in the financing order and to obtain  periodic adjustments to such charges as provided in the financing order;  and
            (B)  All revenues,  collections, claims, rights to payments, payments, money, or proceeds  arising from the rights and interests specified in subdivision (16)(A)  of this section, regardless of whether such revenues, collections,  claims, rights to payment, payments, money, or proceeds are imposed,  billed, received, collected, or maintained together with or commingled  with other revenues, collections, rights to payment, payments, money, or  proceeds;
      (17)  "Storm recovery reserve" means an electric utility's storm cost reserve account established pursuant to    23-4-112; and
      (18)  "Uniform Commercial Code -- Secured Transactions" means    4-9-101 et seq.