1. (a)

   1. (1) Each formal complaint shall fully and clearly set out:

      1. (A) Any act or thing done or not done by any public utility in violation or claimed violation of any:

2. (i) Law that the Arkansas Public Service Commission has jurisdiction to administer; or

   1. (ii) Arkansas Public Service Commission order or rule; and

      1. (B) The exact relief desired.

   2. (2) The complaint shall contain facts and information sufficient to:

      1. (A) Fully apprise the Arkansas Public Service Commission and the respondent of the facts and issues involved; and
      2. (B) Enable the respondent to prepare its answer to the complaint.

3. (b)

   1. (1) Formal complaints shall be docketed and shall comply with the pleading and service requirements set forth in Subpart 3 of this part except as specified by this subpart.

   2. (2) If the complaint is made by a municipality challenging the reasonableness of any rate or charge or act or proposed act by any public utility, a certified copy of the resolution of the governing body of said municipality directing the filing of the complaint shall be attached.

      1. (c) If the Arkansas Public Service Commission finds that a formal complaint was brought in bad faith and that there was no genuine basis for a dispute, the Arkansas Public Service Commission may award the prevailing party interest on the disputed amount from the date it was due.

         1. (d) Procedures.

   3. (1)

      1. (A) Upon the filing of a formal complaint, the secretary shall immediately:

         1. (i) Serve a copy thereof upon each respondent along with the summons in Appendix 9-1; and
         2. (ii) Notify each respondent that:
4. (a) (a) The complaint must be answered in writing within twenty (20) days after the date of service; and

5. (b) (b) In case of failure to answer, an order may be entered against the respondent for the relief demanded in the complaint.

   1. (B) The Arkansas Public Service Commission may, for good cause shown:

      1. (i) Require the answer to be filed within a shorter time; or

         1. (ii) Extend the time in which an answer may be filed.

   2. (2)

      1. (A) Respondent's answer shall contain a:

         1. (i) Specific denial of such material allegations of the complaint as are controverted; and
         2. (ii) Statement of any new matter constituting a defense.

      2. (B) If respondent has insufficient information to specifically admit or deny an allegation, respondent may:

         1. (i) So state; and
         2. (ii) Deny the allegation upon that ground.
   3. (3) Any respondent failing to answer within the period prescribed shall be deemed in default and all relevant basic facts stated in said complaint shall be deemed admitted unless the Arkansas Public Service Commission waives the default for good cause shown.

   4. (4)

      1. (A) If a respondent shall make satisfaction before answering, the respondent may in its answer state, without more, the fact and manner of satisfaction.
      2. (B) If satisfaction is made after the filing and service of any answer, a supplemental answer setting forth only the fact and manner of satisfaction shall be filed immediately upon such satisfaction.
      3. (C) The answer or supplemental answer alleging satisfaction shall contain a prominent notice that the complaint shall be deemed fully resolved unless the complainant files a response disputing the alleged satisfaction within twenty (20) days after the answer or supplemental answer is filed.
      4. (D) Whenever satisfaction is alleged by the respondent in accordance with this subpart and the complainant does not file a timely response, the complaint shall be dismissed.

Codification Notes: This section was promulgated as Rule 9.02 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.