1. (a)

   1. (1) After the effective date of this part, any utility wishing to engage in any promotional practice must file an application for approval by the Arkansas Public Service Commission.
   2. (2) All applications for approval of a promotional practice shall be assigned a “P” docket designation by the secretary of the Arkansas Public Service Commission.
   3. (3) Any application filed pursuant to this part shall also be governed by the Arkansas Public Service Commission’s Rules of Practice and Procedure, 23 CAR pt. 462.

2. (b)

   1. (1) Upon application of the utility, the Arkansas Public Service Commission shall:

      1. (A) Conduct an investigation of the proposed promotional practice; and
      2. (B) Make a determination whether it is in the public interest.

   2. (2) The application shall include a schedule for each proposed promotional practice setting forth:

      1. (A) The name, number, or letter designation of each promotional practice;
      2. (B) The class of persons to which the promotional practice is being offered;
      3. (C) Whether the promotional practice is being uniformly offered to the persons within a class;
      4. (D) A description of the promotional practice that shall include a statement of the terms and conditions governing the same;
      5. (E) A description of the advertising or publicity employed with respect to the utility’s promotional practice, and the proposed methodology for accounting for these costs;
      6. (F) If the promotional practice is offered, in whole or in part, by some other person, the identity of such person and the nature of such person’s participation;
      7. (G) The objectives of the promotional practice;
      8. (H) The expected beginning and ending dates of the promotional practice;
      9. (I) An estimate of the number of persons who are potential participants in the promotional practice;
      10. (J) The proposed accounting for the costs and benefits of the promotional practice;
      11. (K) Sufficiently detailed calculations, sensitivity analysis, and supporting testimony of the effect of the promotional practice using each of the applicable tests, as determined by the California Standard Practice Manual, Economic Analysis of Demand-Side Management Programs and Projects, and an explanation of why any particular test is not applicable to the proposed promotional practice;
      12. (L) A description of the relevant competing energy resources in the service area where the promotional practice will be offered, and the extent to which they are considered in the calculations in the tests; and
      13. (M) Any other information relevant to a complete understanding of the promotional practice.

Codification Notes: This section was promulgated as Section 5 of the Promotional Practices of Electric and Gas Public Utilities prior to codification in the Code of Arkansas Rules.