AR HB1191

Amends Arkansas Code § 23-3-405(c)(1)(A) to clarify regulations governing nonresidential business consumer opt-out provisions from utility-sponsored energy conservation programs.

Allows nonresidential business consumers classified in NAICS sectors 31-33 to opt out of utility energy conservation programs by providing notice to the Arkansas Public Service Commission on or before September 15 of any year.

Establishes eligibility criteria requiring either a peak electrical demand of at least 1 megawatt (1 MW) or annual natural gas usage of 70,000 MMBtu at a single facility, or multiple facilities with aggregated demands meeting specified thresholds.

Requires eligible consumers to demonstrate they have not accepted utility-provided energy conservation installations, financing, rebates, or incentives in the five years preceding the opt-out notice, or have returned all amounts including interest and rate effects from such utility programs.

Approved February 13, 2015.