1. (a) Applicability. The following utilities shall be subject to the provision of this section:

   1. (1) Entergy Arkansas;
   2. (2) Southwestern Electric Power Company;
   3. (3) Empire District Electric Company;
   4. (4) Oklahoma Gas & Electric Company; and
   5. (5) Arkansas Electric Cooperative Corporation.

2. (b) General rule.

   1. (1) The electric utilities listed in subsection (a) of this section shall file with the Arkansas Public Service Commission and maintain for inspection the following data:

      1. (A)

3. (i) The estimated avoided cost on the electric utility's system, solely with respect to the energy component, for various levels of purchases from qualifying facilities.

   1. (ii) Such levels of purchases shall be stated in:
4. (a) (a) Blocks of not more than one hundred megawatts (100 MW) for systems with peak demand of one thousand megawatts (1,000 MW) or more; and

5. (b) (b) Blocks equivalent to not more than ten percent (10%) of the system peak demand for systems of less than one thousand megawatts (1,000 MW).

   1. (iii) The avoided costs shall be stated on a cents-per-kilowatt-hour basis, during daily and seasonal peak and off-peak periods, by year, for the current calendar year and each of the next five (5) years;

      1. (B) The electric utility's plan for:

         1. (i) The addition of capacity by amount and type;
         2. (ii) Purchases of firm energy and capacity; and
         3. (iii) Capacity retirements for each year during the succeeding ten (10) years; and

      2. (C)

         1. (i) The estimated capacity costs at completion of the planned capacity additions and planned capacity firm purchases, on the basis of dollars per kilowatt, and the associated energy costs of each unit, expressed in cents per kilowatt hour.
         2. (ii) These costs shall be expressed in terms of individual generating units and of individual planned firm purchases.

   2. (2)

      1. (A) Said data shall be filed with the Arkansas Public Service Commission in Docket 81-071-F not later than June 30, 1982, and every two (2) years thereafter.

      2. (B) Such data will be for a period ending December 31 of the year preceding the due date of the information.

         1. (c) Additional data requested by qualifying facilities.
   3. (1) A qualifying facility may request an electric utility to provide system cost data in addition to the data required by subsection (b) of this section.

   4. (2) The electric utility:

      1. (A) Shall make a good faith effort to supply the requested data; and
      2. (B) May bill the qualifying facility for the cost of supplying the data.

   5. (3) Before honoring the data request, the electric utility may require the facility to provide it with the information listed in 23 CAR § 454-207(b).

      1. (d) Filing the terms of agreements between utilities and facilities.
   6. (1) Each electric utility shall file with the Arkansas Public Service Commission the terms and conditions of each agreement made with any qualifying facilities to interconnect, buy, or sell service.
   7. (2) Said information shall be filed in Docket 81-071-F.

6. (e) Arkansas Public Service Commission review.

   1. (1) Any data submitted by an electric utility under this section shall be subject to review by the Arkansas Public Service Commission.
   2. (2) In any such review, the electric utility is obligated to justify its data.

Codification Notes: This section was promulgated as Section 3.2 of the Cogeneration Rules prior to codification in the Code of Arkansas Rules.