1. (a)

   1. (1) All electric and gas utilities in Arkansas under the jurisdiction of the Arkansas Public Service Commission shall propose and be responsible for the administration and implementation of cost-effective energy efficiency programs within their service territories.
   2. (2) Each utility shall file an application for approval by the Arkansas Public Service Commission of its portfolio of energy efficiency programs.
   3. (3) The energy efficiency program portfolio of each utility shall include programs for all customer classes.

2. (b) Waivers.

   1. (1) Exemptions from this part may be granted by the Arkansas Public Service Commission in accordance with 23 CAR § 462-102 of the Arkansas Public Service Commission’s Rules of Practice and Procedure, 23 CAR pt. 462.
   2. (2) Nothing in this part shall preclude the Arkansas Public Service Commission from modifying this part on its own initiative or in response to a party’s motion and after notice and hearing.
3. (c) Independent administrator. The Arkansas Public Service Commission may designate an administrator independent of the utilities, although the utility will ultimately retain responsibility for compliance with this part.

Codification Notes: This section was promulgated as Section 4 of the Rules for Conservation and Energy Efficiency Programs prior to codification into the Code of Arkansas Rules.