1. (a) When the Arkansas Public Service Commission retains contract attorneys or contract consultants pursuant to Arkansas Code § 23-4-102(c), and the fees and expenses for the contract attorneys or contract consultants are recovered from the affected electric public utility that is owned by a public utility holding company as defined by Section 1262 of the Energy Policy Act of 2005, Pub. L. No. 109-58, the affected utility may directly recover from ratepayers only the amounts directly recovered from the utility.

2. (b) The affected utility may recover the fees and expenses under subsection (a) of this section pursuant to the provisions of Arkansas Code § 23-4-102(c), and the specific procedures, terms, and conditions of this recovery must be set forth in a Litigation Consulting Fee Rider or other recovery mechanism:

   1. (1) Filed with the Arkansas Public Service Commission; and
   2. (2) Approved pursuant to the Arkansas Public Service Commission’s Rules of Practice and Procedure, 23 CAR pt. 462.

Codification Notes: This section was promulgated as Rule 8.01 of the Special Rules — Electric prior to codification in the Code of Arkansas Rules.