Capps v. Carroll Electric Cooperative Corp., 378 S.W.3d 148

Capps filed a class action alleging Carroll Electric refused to refund patronage capital and violated Ark. Code Ann. § 23-18-327.
Plaintiffs claimed capital credits were owed on a reasonable and systematic basis and sought refunds, accounting, and orderly retirements.
Carroll Electric moved to dismiss, arguing lack of subject-matter jurisdiction, need to exhaust administrative remedies, and exclusive APSC jurisdiction.
Circuit court found APSC had exclusive jurisdiction over monetary claims while equitable claims remained in court; dismissal entered for monetary claims.
Capps amended complaints multiple times; Missouri-resident plaintiffs argued APSC lacked jurisdiction over non-Arkansas customers.
Appellate review focused on whether capital credits constitute a private right outside APSC jurisdiction or a public-right dispute under Ark. Code.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Do capital credits involve a private right or a public-right dispute?	Capps argues private-right under contracts/torts/property.	Carroll Electric contends public-right and exclusive APSC jurisdiction.	APSC has exclusive jurisdiction; capital credits involve public rights.
Is APSC jurisdiction limited by out-of-state customers (Missouri residents)?	Missouri plaintiffs fall outside APSC's reach since claims involve Arkansas law only.	APSC has jurisdiction over all claims for capital credits regardless of residency.	Missouri residents' claims fall under APSC's jurisdiction when based on Arkansas law.
Does Ark. Code Ann. § 23-3-119(d) require exhaustion of administrative remedies before circuit court review?	Capps challenges exclusive reliance on APSC for monetary relief.	APSC can adjudicate monetary refunds; circuit court lacks jurisdiction over those claims.	Circuit court lacked jurisdiction over monetary claims; APSC authority is exclusive.

Centerpoint Energy Resources Corp. v. Miller County Circuit Court, 370 Ark. 190 (2007) (APSC jurisdiction over Arkansas customers, not Texas; distinguish Missouri context)
Austin v. Centerpoint Energy Arkla, 865 Ark. 138 (2006) (APSC authority within legislative grant)
Southwestern Bell Tel. Co. v. Arkansas Pub. Serv. Comm’n, 267 Ark. 550 (1980) (APSC jurisdiction framework and public-right concept)