If a regulatory agency of some state other than Arkansas renders a final order after a hearing on the merits has been held by that other state's regulatory agency and if the number of customers in Arkansas affected by the final order does not exceed the lesser of either one thousand five hundred (1,500) customers or ten percent (10%) of the total number of customers of the affected utility, then the Arkansas Public Service Commission after reviewing the facts and the issues presented may adopt the final order in whole or in part even though it is inconsistent with the Arkansas Public Service Commission’s procedural or substantive rules.

Codification Notes: This section was promulgated as Rule 4.13 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.