The following definitions shall apply throughout this part except as otherwise required by the context, and any references to this part shall include these definitions:

1. (1) “Applicant” or “petitioner” means a person who files a formal application;
2. (2) “Ark. R. Civ. P.” means the Arkansas Rules of Civil Procedure;
3. (3) “Class A telecommunications provider” means any LEC providing more than twenty-five thousand (25,000) access lines in Arkansas;

4. (4) “Commission” means:

   1. (A) Commissioners of the Arkansas Public Service Commission as defined in Arkansas Code § 23-2-101; or
   2. (B) A presiding officer designated to act on behalf of the Arkansas Public Service Commission;
5. (5) “Commission business hours” means the Arkansas Public Service Commission’s normal business hours as posted on its website;
6. (6) “Commissioner” means a member of the Arkansas Public Service Commission as defined in Arkansas Code § 23-2-101;

7. (7)

   1. (A) “Commissioners’ staff” means employees of the Arkansas Public Service Commission who provide technical and legal support to the commissioners.
   2. (B) The commissioners’ staff is not a party in any docket;
8. (8) “Complainant” means a person who files a formal complaint;
9. (9) “Competing local exchange carrier” or “CLEC” means as defined in Arkansas Code § 23-17-403(14);

10. (10)

    1. (A) “Cost of service” means the total cost of providing service to each customer class that considers:

       1. (i) All reasonable expenses, including taxes and depreciation; and
       2. (ii) A fair rate of return on assets devoted to utility service.
    2. (B) The assignment of costs among the customer classes should be made using the criterion that each customer class will bear those costs the utility incurs in providing utility service to customers;
11. (11) “Day” means, when used to establish a deadline, a calendar day, unless a specific rule explicitly uses the term “business day”;
12. (12) “Docket” means a formal proceeding in which the secretary has assigned a docket number;
13. (13) "Electronic filing system” or “EFS” means the Arkansas Public Service Commission’s online filing system used to make filings in docketed Arkansas Public Service Commission proceedings;

14. (14)

    1. (A) “Ex parte communication” means written or oral communication by a person to a commissioner or presiding officer outside of a public hearing.
    2. (B) A written document filed with the secretary or sent to the Arkansas Public Service Commission and served on other parties shall not be considered an ex parte communication;

15. (15) “Formal application” means a written pleading that is filed and seeks to invoke the authority of the Arkansas Public Service Commission to:

    1. (A) Perform an act; or
    2. (B) Approve an act to be performed by the applicant;
16. (16) “Formal complaint” means a formal application in the form of a complaint initiated by the Arkansas Public Service Commission, staff, or a person authorized to complain pursuant to Arkansas Code § 23-3-119;
17. (17) “General Rate Change Application” means a formal application for a rate change pursuant to Arkansas Code § 23-4-401 et seq.;
18. (18) “Incumbent local exchange carrier” or “ILEC” means as defined in Arkansas Code § 23-17-403(29);
19. (19) “Informal complaint” means a complaint in oral or letter form that is not part of a docket, received by the Arkansas Public Service Commission or staff from persons having a complaint about a utility's service, rates, or actions;
20. (20) “Interexchange carrier” or “IXC" means any person not a local exchange carrier that provides interexchange communications services to the public for compensation in Arkansas;
21. (21) “Intervenor” means a person who has been granted permission to intervene in a docket pursuant to 23 CAR § 462-402;
22. (22) “Legal holiday” means a day designated as a holiday by Arkansas laws or executive proclamation;
23. (23) “Local exchange carrier” or “LEC” means as defined in Arkansas Code § 23-17-403(33);
24. (24) “Major electric utilities” means as defined in the Federal Energy Regulatory Commission Electric Uniform System of Accounts;
25. (25) “Major natural gas utilities” means as defined in the Federal Energy Regulatory Commission Gas Uniform System of Accounts;

26. (26) “Nonelecting ILEC” means an ILEC that is not regulated pursuant to:

    1. (A) Arkansas Code §§ 23-17-406 – 23-17-408; or
    2. (B) Arkansas Code § 23-17-412;
27. (27) “Official service list” means a list maintained by the secretary in each docket of the names, addresses, and other information listed in 23 CAR § 462-304 for the individual or individuals designated by each party to whom pleadings, notices, and correspondence are to be addressed;

28. (28) “Party” means:

    1. (A) Any person who:

       1. (i) Initiates a docket before the Arkansas Public Service Commission by filing a formal application consistent with this part;
       2. (ii) Is named as a respondent in a formal complaint filed pursuant to 23 CAR § 462-902;
       3. (iii) Is an intervenor; or
       4. (iv) Is otherwise specifically designated by Arkansas Public Service Commission order as an official party to any docket;
    2. (B) The Attorney General acting pursuant to the Consumer Utilities Rate Advocacy Division Act, Arkansas Code § 23-4-301 et seq., upon filing a "notice of intent” to participate as a party in any docket; and
    3. (C) The staff, where staff is participating as a party in any docket pursuant to 23 CAR § 462-104;
29. (29) “Person” means as defined in Arkansas Code § 23-1-101;

30. (30) “Presiding officer” means:

    1. (A) The Chair of the Arkansas Public Service Commission;
    2. (B) In the absence of the chair, another commissioner; or
    3. (C) A representative the Arkansas Public Service Commission designated to preside over a proceeding;
31. (31) “Pro forma adjustments” means, consistent with Arkansas Code § 23-4-406, adjustments to any test year so utilized to reflect the effects on an annualized basis of any and all changes in circumstances that may occur within twelve (12) months after the end of the test year, where such changes are both reasonably known and measurable;
32. (32) “Pro forma year” means, consistent with Arkansas Code § 23-4-406, the twelve-month period immediately following the test year;

33. (33) “Rate schedule” means a schedule of rates and conditions of service for:

    1. (A) A specific classification of customer; or
    2. (B) Other specific services;
34. (34) “RPPs” means this part, the Arkansas Public Service Commission’s Rules of Practice and Procedurethat include all appendices;
35. (35) “Rule” means any Arkansas Public Service Commission statement of general applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice of the Arkansas Public Service Commission, issued following notice and hearing as required by statute;
36. (36) “Rulemaking” means the Arkansas Public Service Commission process for the formulation, amendment, or repeal of a rule pursuant to statute;
37. (37) “Rural telephone company” means as defined in Arkansas Code § 23-17-403(38);

38. (38) “Secretary” means:

    1. (A) The secretary of the Arkansas Public Service Commission;
    2. (B) An assistant secretary; or
    3. (C) Such other person the Arkansas Public Service Commission may assign;
39. (39) “Section 6 electing company” means an ILEC regulated pursuant to Arkansas Code §§ 23-17-406 – 23-17-408;
40. (40) “Section 12 electing company” means an ILEC regulated pursuant to Arkansas Code § 23-17-412;

41. (41)

    1. (A) “Staff” means Arkansas Public Service Commission employees who may collectively participate in and appear as a party in investigations at and dockets before the Arkansas Public Service Commission.

    2. (B) “Staff” includes:

       1. (i) The Executive Director of the Arkansas Public Service Commission and the Director of the Tax Division of the Arkansas Public Service Commission; and
       2. (ii) Employees who report to those directors;
    3. (C) “Staff” does not include commissioners’ staff;
42. (42) “Telecommunications provider” means any person that offers telecommunications services to the public for compensation;

43. (43)

    1. (A) “Telecommunications services” means the offering to the public for compensation the transmission of voice, data, or other electronic information at any frequency over any part of the electromagnetic spectrum, notwithstanding any other use of the associated facilities.

    2. (B) Such term does not include:

       1. (i) Radio and television broadcast or distribution services, or providing or publishing yellow pages, regardless of the entity providing such services; or
       2. (ii) Services to the extent that such services are used in connection with operating a government-owned electric utility system;

44. (44) “Test year” means, as defined in Arkansas Code § 23-4-406, a:

    1. (A) Historical test period of twelve (12) consecutive calendar months; or

    2. (B) Forward-looking test period of twelve (12) consecutive calendar months consisting of:

       1. (i) Six (6) months of actual historical data derived from the books and records of the utility; and
       2. (ii) Six (6) months of projected data;
45. (45) “Tier one company” means any ILEC that, together with its Arkansas affiliates that are also ILECs, provided basic local exchange services to greater than one hundred fifty thousand (150,000) access lines in Arkansas on February 4, 1997;

46. (46)

    1. (A) “Uniform system of accounts” or “USOA” means the basic account descriptions, instructions, and accounting definitions to which jurisdictional utilities are required to adhere in maintaining their books and records.

    2. (B) The required USOA for each utility:

       1. (i) Is listed as follows; and

       2. (ii) Shall include any future updates, revisions, or interpretations made to the referenced USOA:

          1. (a)
47. (1) (a)(1) Electric investor-owned utilities. The Federal Energy Regulatory Commission's USOA prescribed by 18 C.F.R. § 101.

48. (2) (2) In addition, 18 C.F.R. § 125 prescribes the rules regarding the preservation of records;

    1. (b)
49. (1) (b)(1) Gas investor-owned utilities. The Federal Energy Regulatory Commission’s USOA prescribed by 18 C.F.R. § 201.

50. (2) (2) In addition, 18 C.F.R. § 225 prescribes the rules regarding the preservation of records;

    1. (c) (c) Electric cooperatives. The Rural Utilities Service's USOA prescribed by 7 C.F.R. § 1767;

       1. (d)
51. (1) (d)(1) Water and sewer utilities. The National Association of Regulatory Utility Commissioners' USOA.

52. (2) (2) In addition, the National Association of Regulatory Utility Commissioners’ rules and regulations govern the preservation of records; and

    1. (e) (e) Telecommunications utilities. The Federal Communications Commission’s USOA prescribed by 47 C.F.R. § 32.
    2. (C) Where the otherwise applicable USOA has been modified by Arkansas statute or Arkansas Public Service Commission order, the modification shall control for ratemaking purposes; and

53. (47) “Workpapers” shall include information sufficient to verify all inputs and replicate all calculations and analyses specifically relied upon to support all recommendations made, positions taken, or conclusions reached in:

    1. (A) Testimony;
    2. (B) Exhibits;
    3. (C) Appendix schedules; or
    4. (D) Any other document that is filed or provided.

Codification Notes: This section was promulgated as Rule 1.01 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.