1. (a) Any potential qualifying facility that is determined to be subject to the Arkansas Public Service Commission's jurisdiction in 23 CAR § 454-501 may apply to the Arkansas Public Service Commission for a waiver from such jurisdiction.
2. (b) The application for the waiver shall include the information identified in 23 CAR § 454-501(2) as well as a description of the potential effects of such a waiver on the general public and on electricity consumers in particular.
3. (c) Public notice shall be given of the application for a waiver, and a thirty-day waiting period will be provided for the receipt of public comments.
4. (d) Within twenty (20) days of the end of the public comment period, the Arkansas Public Service Commission will either grant or deny the requested waiver.

Codification Notes: This section was promulgated as Section 5.3 of the Cogeneration Rules prior to codification in the Code of Arkansas Rules.