1. (a) Except as otherwise provided in this part or in any other rule or order of the Arkansas Public Service Commission, a formal application shall be used to request Arkansas Public Service Commission action pursuant to:

   1. (1) This part; and
   2. (2) Any other rule or statute giving the Arkansas Public Service Commission power and authority to act.

2. (b)

   1. (1) A declaratory order to terminate a controversy or remove an uncertainty about the applicability of a statute, rule, or order shall be sought by formal application.
   2. (2) However, the decision whether to consider any such requested relief is discretionary.

3. (c)

   1. (1) All formal applications shall state the:

      1. (A) Full name and address of the applicant;
      2. (B) Facts and applicable law upon which the application is based; and
      3. (C) The particular relief requested.
   2. (2) If the rule or statute under which the formal application is made requires any additional documentation to be included therewith, such as a permit, license, or authority, a copy shall be attached or incorporated by reference pursuant to 23 CAR § 462-305.
4. (d) If the applicant is a legal entity, a certified copy of its articles of organization as amended shall be attached or incorporated by reference pursuant to 23 CAR § 462-305.
5. (e) If the applicant is an unincorporated association, a list of its members shall be attached.
6. (f) If the applicant is an entity representing ratepayers, it shall provide a list of the ratepayers it represents regardless of the form of its organization.
7. (g) Except as otherwise provided in 23 CAR § 462-408(c)(2), an applicant who initiates a docket shall file written testimony and/or exhibits with its formal application in conformance with 23 CAR § 462-408(c)(2).

Codification Notes: This section was promulgated as Rule 3.09 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.