1. (a) Separate petition required in general rate case. Whenever a petition for immediate and impelling relief is filed pursuant to Arkansas Code § 23-4-408 contemporaneously with a General Rate Change Application, the petition shall not be incorporated within the General Rate Change Application but shall be:

   1. (1) A separate petition designated "Petition for Immediate and Impelling Relief"; and
   2. (2) Filed in the same docket as the General Rate Change Application.

2. (b) Content of petition and supporting testimony. The petition shall:

   1. (1) Explain the circumstances justifying such relief; and

   2. (2) Be accompanied by supporting testimony that shall include a discussion of the following information:

      1. (A) The applicant’s ability to meet:

3. (i) Current payroll;

   1. (ii) Debt service costs;

      1. (iii) Accounts payable; and

         1. (iv) Other fixed costs and expenses that:
4. (a) (a) Represent actual cash outlays; and

5. (b) (b) Are or will be currently due and owing;

   1. (B) An analysis of the applicant’s rate base, with short-term and long-term construction work in progress (CWIP) stated separately;

      1. (C)

         1. (i) The overall rate of return and return on equity on an unadjusted book basis currently being earned, and the return on equity granted to the applicant in its most recent rate application.
         2. (ii) The docket number, order number, and date of order shall be stated;
      2. (D) A description of the duration of time the applicant has experienced one (1) or more of the circumstances requiring immediate relief (i.e., how long has the applicant been unable to meet payroll or debt service); and

      3. (E) Any other information deemed by the applicant to be relevant to its petition.

         1. (c) Exhibits.

   2. (1)

      1. (A) A petition for immediate and impelling relief shall contain exhibits showing actual unadjusted data with no year-end level adjustments or projections.
      2. (B) The exhibits shall reflect the period representing twelve (12) consecutive historical months inclusive of all historical months in the test year in the General Rate Change Application (the I & I Period).
      3. (C) The applicant may provide additional exhibits showing its projected revenue and expenses.
   3. (2) Exhibits in support of the petition shall be attached to the petition and shall be labeled as exhibits in support of the petition.

   4. (3) The exhibits shall include, at a minimum, the following:

      1. (A) Income statement for the I & I Period absent any adjustments;

      2. (B) Rate base items — Thirteen-month average.

         1. (i) Net plant in service shall be measured as an average of the balances at the beginning and end of the I & I Period.
         2. (ii) Both the income statement and rate base components as contemplated in subdivisions (c)(3)(A) and (c)(3)(B) of this section shall be jurisdictionally allocated using the same factors approved or stipulated in the applicant’s most recent Arkansas rate case;

      3. (C)

         1. (i) Calculation of an interim jurisdictional revenue requirement using the:
6. (a) (a) Weighted sum of the embedded cost of debt, equity, and other funding sources as of the end of the I & I Period; and

7. (b) (b) Allocated rate base and expenses determined in subdivision (c)(3)(B) of this section.

   1. (ii) This exhibit shall also include a calculation of the revenue deficiency that shall be the difference between the above described revenue requirement and unadjusted I & I Period rate schedule revenue for Arkansas retail customers.

      1. (iii) If allocation factors are not available from the applicant’s most recent general rate case as contemplated in subdivision (c)(3)(B) of this section, then the interim jurisdictional revenue requirement shall be determined by calculating the total company revenue requirement and allocating it to the jurisdiction based on the ratio of the Arkansas retail revenue requirement to the total company revenue requirement in the applicant’s last approved General Rate Change Application; and

      2. (D) Cash flow statement for the twelve-month I & I Period.

         1. (i) A cash flow statement is a statement of cash receipts and disbursements.
         2. (ii) The statement should:
8. (a) (a) Include the beginning cash balance and cash receipts and cash disbursements for each month of the I & I Period; and

9. (b) (b) Indicate the nature and amount of obligations unpaid each month due to lack of funds.

   1. (d) Award of immediate and impelling relief. In the event that the Arkansas Public Service Commission finds that the applicant qualifies for immediate and impelling relief, the Arkansas Public Service Commission shall calculate the revenue requirement and require a rate structure for the interim rates as follows:

   2. (1) Calculation of revenue requirement.

      1. (A) The Arkansas Public Service Commission shall determine a revenue requirement to be calculated on the Arkansas Public Service Commission’s ordered:

         1. (i) Rate of return;
         2. (ii) Rate base; and
         3. (iii) Expenses.
      2. (B) Under a showing of extraordinary circumstances, the Arkansas Public Service Commission may allow interim recovery of a return on part or all of the applicant’s CWIP.

   3. (2) Rate structure and design.

      1. (A) The Arkansas Public Service Commission upon proper finding shall approve interim rates to recover the approved Arkansas retail revenue requirement.
      2. (B) Such rates shall be designed to produce uniform increases above currently effective rates while maintaining the general structure and design of the currently effective rates.
      3. (C) If such procedure is deemed to result in a gross inequity for any customer or class of customers, the Arkansas Public Service Commission may order such other rates as it may deem more appropriate.

Codification Notes: This section was promulgated as Rule 8.13 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.