1. (a) Certificate of public convenience and necessity — New construction for electric and natural gas utilities.

   1. (1) The applicant shall, no less than ten (10) days before filing the application, notify each owner of record or the person to whom property tax statements have been mailed in the most recent tax year of lands that the applicant proposes in its application to traverse.
   2. (2) A utility facility traverses property when the facility is located on or crosses the property.

   3. (3) Such notice shall:

      1. (A) Be given by first-class mail, properly addressed with charges prepaid; and
      2. (B) Include the following information:

2. (i) The date on or about which the application is to be filed;

   1. (ii) The application’s docket number, if known;

      1. (iii) The name, address, email address, and phone number of the secretary and the URL address of the Arkansas Public Service Commission’s website where information on the deadline for intervention and the place and date of the hearing may be obtained;

         1. (iv) A brief description of the:
3. (a) (a) Facilities to be constructed; and

4. (b) (b) Owner's land or lands to be traversed; and

   1. (v) A notice that interventions or limited appearances must be filed with the Arkansas Public Service Commission within thirty (30) days after the date set forth as the date of filing, unless good cause is shown or unless otherwise ordered by the Arkansas Public Service Commission.
   2. (4) For a proposed electric transmission substation only, the above notice shall also be given to each owner of record or the person to whom property tax statements have been mailed in the most recent tax year of lands that abut, touch, or border the land upon which the applicant proposes to construct the substation.

5. (b) Certificate of environmental capability and public need. Notice of filing an application for a CECPN under 23 CAR § 462-606 shall be given by the applicant in the following manner unless the Arkansas Public Service Commission otherwise provides:

   1. (1) The applicant shall give:

      1. (A) Notice as required by Arkansas Code §§ 23-18-513 and 23-18-515 and subsection (b) of this section; and
      2. (B) Such other notice as the Arkansas Public Service Commission may require in each case;

   2. (2) The newspaper notice required by Arkansas Code § 23-18-513 shall, in addition to the statutory requirements:

      1. (A) Be published at least twice in the newspaper the applicant chooses;

      2. (B) Contain a:

         1. (i) Map at least five inches (5”) on a side depicting the preferred and alternate locations of the proposed major utility facility; or
         2. (ii) Reference to a website address that contains a viewable map; and

      3. (C) Contain statements substantially similar to the following:

         1. (i) The Arkansas Public Service Commission will hear evidence of the general economic and environmental impact of the proposed facility as opposed to individual objections to the presence of the facility;
         2. (ii)
6. (a) (a) The Arkansas Public Service Commission does not award compensation for damages to a landowner.

7. (b) (b) Compensation is awarded by circuit court in an eminent domain proceeding if the applicant and the landowner cannot settle privately; and

   1. (iii) One (1) of the purposes of the hearing is to choose the location with the least generally adverse economic and environmental consequences, and in the course of selecting a location the Arkansas Public Service Commission may modify one (1) of the proposed locations if it is in the public interest; and

      1. (D) The copies of applications served pursuant to Arkansas Code § 23-18-513(a) and (b) must be accompanied by the same map and statements required by subdivision (b)(2) of this section.

         1. (c) Certificate of public convenience and necessity — Customer releases and exchanges and releases of allocated territory for electric utilities. Before filing an application under 23 CAR § 462-607(b) or (c) the applicant shall notify the affected customer or customers in writing of its intent to request a customer release or request an exchange or release of allocated territory, as applicable.

Codification Notes: This section was promulgated as Rule 6.03 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules. "CECPN" means a certificate of environmental compatibility and public need.