1. (a) No later than the June 1 following the first full calendar year after the effective date of this part, and no later than June 1 of every year thereafter, each public utility shall file with the Arkansas Public Service Commission:

   1. (1) A notice, signed by both the public utility's president or chief executive officer and its chief financial officer, certifying the public utility's compliance with this part in the prior year; and
   2. (2) The other annual information and reports required under this part.

2. (b)

   1. (1) The Arkansas Public Service Commission may at any time initiate a proceeding against a public utility to determine whether a reasonable basis exists that the public utility is out of compliance with this part.

   2. (2)

      1. (A) If the Arkansas Public Service Commission after notice and hearing, unless waived by the parties, makes such determination and specifically identifies the rule or rules or procedures which may be in noncompliance, then the Arkansas Public Service Commission may require the public utility to engage an independent accountant, which, at the public utility’s election, may be the accountant that regularly audits the public utility's financial statements, to conduct agreed-upon procedures to review identified accounting entries, methods, or procedures used by the public utility in connection with this part.
      2. (B) A work plan outlining such agreed-upon procedures, together with such letters or acknowledgements as shall be reasonably required by the accountant in connection with such engagement, shall be developed by the public utility and filed with the Arkansas Public Service Commission for approval.
      3. (C) Upon review of the information provided by such independent accountant after undertaking such agreed-upon procedures, which information shall be filed by the public utility with the Arkansas Public Service Commission, the Arkansas Public Service Commission may, after notice and hearing, unless waived by the parties, order the public utility to make changes in its accounting methods or procedures found by the Arkansas Public Service Commission to be reasonably necessary to ensure future compliance with this part.

Codification Notes: This section was promulgated as Rule IX of the Affiliate Transaction Rules prior to codification in the Code of Arkansas Rules.