1. (a) The rules of evidence shall not strictly apply in Arkansas Public Service Commission proceedings.

2. (b)

   1. (1) The Arkansas Public Service Commission may take official notice of any document, fact, or circumstance that may be officially noticed in an administrative proceeding.

   2. (2) Any such document that the Arkansas Public Service Commission or any party desires to use in evidence or rely upon must be specifically identified in a filing or during the hearing and all parties shall be accorded an opportunity to:

      1. (A) Examine the document; and
      2. (B) Interrogate witnesses on the document.

3. (c) Testimony and exhibits.

   1. (1)

      1. (A) Unless the Arkansas Public Service Commission shall otherwise order, with the exception of cross-examinations and redirect examinations at a hearing all parties desiring to offer evidence in a docket shall do so in the form of written prefiled testimony in question and answer form, with or without exhibits.
      2. (B) Normally, live direct testimony in addition to the written prefiled testimony, other than the correction of minor typographical or wording errors that do not alter the substance of the written prefiled testimony, shall not be accepted into evidence unless the sponsoring party shows good cause why the additional testimony:

4. (i) Could not have been a part of the written prepared testimony; or

   1. (ii) Should otherwise be admitted.

      1. (C) This section shall not apply to an individual filing a formal complaint who is participating on his or her own behalf.

   2. (2)

      1. (A) Unless the Arkansas Public Service Commission shall otherwise order, an applicant or complainant who initiates a docket shall file supporting written testimony with or without exhibits concurrently with its:

         1. (i) Application;
         2. (ii) Tariff;
         3. (iii) Petition;
         4. (iv) Request; or
         5. (v) Complaint.

      2. (B) This shall not apply to:

         1. (i) An individual filing a formal complaint who is appearing on his or her own behalf;
         2. (ii) A formal application filed pursuant to 23 CAR § 462-607(b) or (c); or
         3. (iii) A pleading that initiates a docket, such as a notice, that is not a formal application and that does not seek to invoke the authority of the Arkansas Public Service Commission to perform an act or to approve an act to be performed by the applicant; in such a case, testimony with or without exhibits shall be filed when the formal application is filed.
      3. (C) A request for protective order that initiates a docket shall also comply with 23 CAR § 462-404(c).
      4. (D) Subdivision (c)(2) of this section shall also apply when a formal application is filed in an existing docket except for pleadings such as motions that do not require the development of facts in testimony and/or exhibits.

   3. (3)

      1. (A) In any case in which a procedural schedule is entered, testimony with or without exhibits shall be filed in accordance with the applicable procedural schedule.
      2. (B) The party bearing the burden of proof shall have the right to file the final prepared testimony in any proceeding.

   4. (4) An applicant may supplement the testimony or exhibits filed with its application to correct material errors or take into account unforeseeable material changes in circumstances since the preparation of the testimony if:

      1. (A) Such supplemental testimony or exhibits are filed and served on all parties:

         1. (i) As soon as the errors are discovered; and
         2. (ii) To the greatest extent practicable at least fifteen (15) days before the day for filing of testimony by staff and intervenors; and

      2. (B) If the corrections:

         1. (i) Will not unduly burden other parties or delay proceedings; and
         2. (ii) Are in the interest of a fair hearing.

   5. (5)

      1. (A) All parties shall file material corrections to testimony or exhibits as soon as:

         1. (i) Errors are discovered; or
         2. (ii) Changed circumstances occur.

      2. (B) Corrections to the testimony and exhibits of any party caused by inadvertence or unforeseeable changes in circumstances may be allowed by the Arkansas Public Service Commission at any time if the corrections:

         1. (i) Will not:
5. (a) (a) Unduly burden other parties; or

6. (b) (b) Delay proceedings; and

   1. (ii) Are in the interest of a fair hearing.

   2. (6)

      1. (A) A party’s workpapers shall:

         1. (i) Comply with each of the requirements of this part; and
         2. (ii) Be provided to the other parties during Arkansas Public Service Commission business hours on the same day that party files its testimony and exhibits.

      2. (B) For any recommendation made, position taken, or conclusion reached that is based on a statistical analysis or other study, the workpapers shall additionally include a complete description of the:

         1. (i) Statistical model utilized;
         2. (ii) Data utilized; and
         3. (iii) Results of the analysis.

      3. (C)

         1. (i) A party shall provide to staff any computer model including the software necessary for staff to independently run any analysis relied on by the party.
         2. (ii) Alternatively, the applicant may provide staff reasonable access to the computer model at:
7. (a) (a) The Arkansas Public Service Commission’s offices; or

8. (b) (b) Another mutually agreeable location.

   1. (iii) Such access:
9. (a) (a) Shall be adequate to enable staff to replicate the results; and

10. (b) (b) May include the utility manipulating the computer model according to instructions or inputs from staff.

    1. (D)

       1. (i) If the party relies on proprietary programs or applications for computations to support any part of its filing, copies of those programs must be provided to staff with explanations and instructions adequate to replicate the results.

          1. (ii) Alternatively, the applicant may provide staff reasonable access to the programs at:
11. (a) (a) The Arkansas Public Service Commission’s offices; or

12. (b) (b) Another mutually agreeable location.

    1. (iii) Such access:
13. (a) (a) Shall be adequate to enable staff to replicate the results; and

14. (b) (b) May include the utility manipulating the programs according to instructions or inputs from staff.

    1. (iv) When the party seeks to limit access to the program or application to other parties, the Arkansas Public Service Commission will determine the appropriate access to the program or its output.

       1. (E)

          1. (i) Workpapers that are available in electronic form shall be provided electronically in native format.
          2. (ii) Electronic copies shall be clearly legible and complete.
       2. (F) All formulae and viable links shall be left intact for all electronic files.

       3. (G)

          1. (i) Any source documents not publicly available or readily accessible that are referenced in the testimony, exhibits, or workpapers shall also be provided.
          2. (ii) If a source document is publicly available on the internet, a specific link (URL address) to the source document may be provided.
          3. (iii) If a source document is a study, report, book, periodical, or other publication not publicly available or readily accessible to the parties, the party may provide copies of the relevant pages from such source document rather than copies of the entire study, report, book, periodical, or other publication, but all pages necessary to understand the relevant pages in context shall be provided.
          4. (iv) Upon request, the party shall make available the entirety of such source document for inspection at the Arkansas Public Service Commission’s offices.

    2. (7)

       1. (A) Exhibits that are available in electronic format shall be provided electronically in native format.
       2. (B) Electronic copies shall be clearly legible and complete.
       3. (C) All formulae and viable links shall be left intact for all electronic files.
    3. (8) A witness’s testimony at hearing shall be under oath or affirmation.
    4. (9) Unless the Arkansas Public Service Commission otherwise orders, written testimony admitted into evidence at hearing shall, upon the witness’s adoption of the testimony, be entered into the record as testimony without having the witness read it aloud.

Codification Notes: This section was promulgated as Rule 4.08 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.