Arkansas Public Service Commission Utilities Division 2020 Annual Report

ARKANSAS PUBLIC SERVICE COMMISSION UTILITIES DIVISION 2020 ANNUAL REPORT

This report was prepared in accordance with Arkansas Code Annotated §23-2-315, reflecting a full and complete account of the Arkansas Public Service Commission (Commission) transactions and proceedings for the preceding calendar year and other facts, suggestions, and recommendations which may be of value to the people of the state.

This report is also available on our website: www.arkansas.gov/psc.

The Commission does not discriminate on the basis of race, color, national origin, sex, religion, age, genetic information, or disability in employment or in the

provision of services.

TABLE OF CONTENTS

i TABLE OF CONTENTS - continued -

ii INTRODUCTION

The Commission has general regulatory authority over electric and natural gas public utilities and certain water and sewer public utilities providing retail utility services to the public for compensation. The Commission is charged with the duty of ensuring that public utilities provide safe, adequate, and reliable utility service at just and reasonable rates. By law, such rates must allow public utilities the opportunity to recover the prudently incurred cost of providing such service and a fair rate of return on capital invested by the utilities for providing such service. The Commission is also charged with the duty of ensuring that customers are not charged excessive rates for such service. The Commission’s Tax Division renders ad valorem tax assessments for utilities and carriers.

During 2020, utilities under the Commission’s authority to review and regulate rates and practices included four investor-owned electric companies, one generation and transmission electric cooperative, seventeen distribution electric cooperatives, four natural gas distribution companies, two investor-owned water companies, and one sewer company. The Commission has limited jurisdiction over two regional transmission organizations for matters other than rate regulation. The Commission further has authority over the safe operation of the intrastate pipeline facilities of 151 natural gas operators and master meter gas operators. The Commission also has regulatory authority over certain practices and quality of service for 242 providers of telecommunication services. The Commission also certifies Transportation Network Companies and verifies ongoing compliance with the statutory requirements to operate. The Commission has limited jurisdiction over providers of telecommunications services, Voice over Internet Protocol (VoIP) services, commercial radio services, or similar services to require annual reports and hear complaints on identifying and blocking telecommunications that violate certain state and federal laws on number spoofing. The Commission has no regulatory authority over municipally owned or operated utility services, wireless providers of telecommunication services, internet, VoIP service, cable, or satellite television services.

In compliance with Arkansas Code Annotated §23-2-315, the Commission submits an Annual Report to the Governor containing a full and complete account of its transactions and proceedings for the preceding calendar year. This Annual Report focuses on the Commission’s regulatory authority, organization, and activities during calendar year 2020 as follows: Section 1 provides commissioner profiles; Section 2 describes the agency organization; Section 3 describes the Diversity Summit; Section 4 summarizes docket activity of Commission proceedings; Section 5 describes other non-docketed reviews; Section 6 provides information on customer complaint resolution;

Section 8 sets forth participation in national utility regulatory organizations. Appendix A lists the utilities under the Commission’s jurisdiction. These utilities generated annual revenues in Arkansas of approximately $5.5 billion, $4.5 billion of which were jurisdictional revenues.

Appendix B provides revenues and other statistics for each utility, as reported to the Commission in 2021 for the year 2020.

Appendix C outlines the Commission’s receipts and disbursements for 2020. To finance its regulatory operations, the Commission is authorized to levy and collect annual fees from jurisdictional utilities pursuant to Arkansas Code Annotated §23-3-110 and §23-15-214.

SECTION 1 - COMMISSIONER PROFILES

CHAIRMAN TED J. THOMAS

Ted J. Thomas of Conway was appointed Chairman of the Arkansas Public Service Commission by Governor Asa Hutchinson in January 2015 for a six-year term and was reappointed in January 2021 for a second six-year term.

He has served as Chief Deputy Prosecuting Attorney for the 20th Judicial District, Administrative Law Judge at the Public Service Commission, Budget Director for Governor Mike Huckabee and in the Arkansas House of Representatives, where he served as Chairman

Chairman Thomas received a Bachelor of Arts with High Honors in Political Science from the University of Arkansas in 1986 and a Juris Doctorate from the University of Arkansas School of Law in 1988. He is licensed to practice law before the United States Supreme Court, the Arkansas Supreme Court, the United States Courts of Appeal for the District of Columbia Circuit and the Eighth Circuit, and the United States District Courts for the Eastern and Western Districts of Arkansas.

Chairman Thomas previously served as president of the Organization of MISO States (OMS) and currently serves on the Regional State Committee of the Southwest Power Pool. He also serves on the National Association of Regulatory Utility Commissioners (NARUC) Committee on Electricity.

COMMISSIONER KIMBERLY A. O’GUINN

Kimberly A. O'Guinn of Little Rock was appointed to the Arkansas Public Service Commission by Governor Asa Hutchinson in November of 2016.

Commissioner O’Guinn is a member of the Executive Committee of the Organization of MISO States (OMS) currently serving as Treasurer and serves as Secretary on the Entergy Regional State Committee. She previously served as a board member and president on the Southwest Power Pool’s Regional States Committee (RSC). She serves as a member of the Seams Liaison Task Force, a joint effort of the RSC and the OMS to study and make recommendations on seams issues between two adjacent regional transmission operators: Southwest Power Pool (SPP) and Midcontinent Independent System Operator (MISO).

In addition to her state and regional obligations, Commissioner O’Guinn serves on the Executive Committee and Board of Directors of the National Association of Regulatory Utility Commissioners (NARUC) and is a member of NARUC’s Energy Resources and Environment Committee, International Relations Committee, and the Washington Action Program. She is also a mentor in NARUC’s Advancing Women Leaders in Energy program; a partnership with the U.S. Agency for International Development’s Bureau for Europe & Eurasia, Energy Infrastructure Division to provide support to women leaders in energy regulatory agencies through a gender empowerment project.

Commissioner O’Guinn is Chair of NARUC’s Emergency Preparedness, Recovery and Resiliency Task Force. The task force leads NARUC’s efforts in responding to and educating members about existing and emerging issues and opportunities associated with emergency preparedness, recovery and resiliency, and funding opportunities as it relates to the electric grid.

Commissioner O’Guinn is Co-Chair of the National Utilities Diversity Council, serves on the board of the Financial Research Institute, an advisory council member of New Mexico State University Center for Public Utilities and the Electric Power Research Institute Advisory Council.

Commissioner O’Guinn is a member of American Association of Blacks in Energy and serves on the Executive Committee for the Arkansas Women in Power.

Prior to joining the Commission, Commissioner O’Guinn served as the Director of Communications for the Arkansas Department of Environmental Quality and is a Permitting Engineer in the Office of Air Quality.

Commissioner O'Guinn received a Bachelor of Science in Environmental Engineering from the University of Oklahoma (OU). While attending OU, she was designated a NASA Fellow while working for NASA Space Grant Consortium/NASA EPSCoR.

COMMISSIONER JUSTIN TATE

Justin Tate of Little Rock was appointed to the Arkansas Public Service Commission by Governor Asa Hutchinson in January of 2019.

Commissioner Tate received a Bachelor of Arts in Political Science from the University of Arkansas at Fayetteville and a Juris Doctorate from Vanderbilt University Law School. He is licensed to practice law in Arkansas.

Commissioner Tate is a member of the National Association of Regulatory Utility Commissioners (NARUC). He serves on the Committee on Gas.

SECTION 2 - AGENCY ORGANIZATION

Arkansas Public Service Commission 1000 Center Street P.O. Box 400 Little Rock, Arkansas 72203 501-682-2051 www.arkansas.gov/psc The Commission consists of three Commissioners appointed by the Governor for overlapping

Utilities Division (99) and the Tax Division (15). The Commissioners have oversight responsibility for both Divisions. This Annual Report addresses Utilities Division activities.

The Utilities Division, including the federally reimbursed Pipeline Safety which encompasses their Administrative Law Judges, Legal, Research and Policy Development, e Services, Information Technology, and the Executive Director, including the nine sections with the assigned number of positions, the organization chart, and a brief description of the responsibilities of each section follows.

ARKANSAS PUBLIC SERVICE COMMISSION POSITION SUMMARY

Below is a breakdown of the number of positions in each section of the Commission.

ARKANSAS PUBLIC SERVICE COMMISSION ORGANIZATION CHART

COMMISSIONERS

Arkansas Public Service Commission consists of three Commissioners appointed by the Governor for overlapping six-year terms.

Commissioners render decisions covering a wide spectrum of issues including public utility y allocations, utility plant construction sitings, and bond issues.

sections: 1) Administrative Law Judges; 2) Legal; 3) Research and Policy Development;

5) Administrative Services; and 6) Information Technology.

A description of the responsibilities of each section follows.

COMMISSIONERS’ STAFF

ADMINISTRATIVE LAW JUDGES

The Administrative Law Judges render decisions in dockets delegated to them by order of the Commission. The Administrative Law Judges also provide legal and technical advice and recommendations regarding regulatory issues to the Commission.

LEGAL

Attorneys in this Section advise and represent the Commission regarding various state and federal public utility matters pending before the Federal Energy Regulatory Commission, the Federal Communications Commission, the Securities and Exchange Commission, the Nuclear Regulatory Commission, the Department of Energy, the Arkansas General Assembly, and the United States Congress.

RESEARCH AND POLICY DEVELOPMENT electric, natural gas, telecommunications, and water industries, as well as in economic, legal, and accounting matters. This Section provides technical and policy advice to the Commissioners regarding various state and federal public utility matters pending before the Federal Energy Regulatory Commission, the Federal Communications Commission, the Securities and Exchange Commission, the Nuclear Regulatory Commission, the Department of Energy, the Arkansas General Assembly, and the United States Congress.

OFFICE OF THE SECRETARY OF THE COMMISSION (SOC)

All documents filed with the Commission and all orders issued by the Commission are

Commission records either directly as requested or through the Commission’s website.

ADMINISTRATIVE SERVICES for the entire Agency.

This Section is comprised of two units: Center. activities, process accounting and payroll actions, and maintain inventory control.

The Section also prepares assessments for the Commission’s operating budget and assists with the Federal Department of Transportation Pipeline Safety Grant. Other functions include maintaining personnel records, screening and processing job applications, conducting new employee orientation, and coordinating employee training and management classes. The Mail/Supply/Copy Center handles internal Agency mail distribution, photocopying, central supplies, and maintenance of the vehicle fleet.

INFORMATION TECHNOLOGY (IT)

The IT Section implements technology solutions to further Commission initiatives. IT supports the entire Agency. The primary missions of IT are personal computer and network operations ternet research, file and print sharing; system development and maintenance of the Tax Division tax assessment systems; development, deployment, and maintenance of the Electronic Filing System; and Commission operations support including enhancing electronic communication with external parties and citizens.

GENERAL STAFF

EXECUTIVE DIRECTOR

The Executive Director is responsible for the overall direction and management of the General objectives, policies, and procedures. matter expertise in each of the eight Sections described below.

Section heads serve as project managers on assigned dockets before the Commission and on other projects as needed. The Executive Director collaborates with Section managers and the cross-sectional, multi-disciplinary teams they lead in the thorough development and analysis of utility regulatory issues and the preparation and execution of case strategy as reflected in the General Staff’s response to actions sought by utilities and other non-utility applicants.

The Executive Director also prepares information in response to requests from the Arkansas General Assembly as well as other state agencies, and responds to requests for information cus

ELECTRIC UTILITIES

The Electric Utilities Section contributes industry-specific subject matter expertise on a wide range of issues as required to investigate, analyze, and make recommendations to the Commission in response to electric utility formal requests for Commission action. Section experts present recommendations to the Commission through pre-filed testimony and oral testimony subject to cross-examination during public evidentiary hearings.

ELECTRIC COOPERATIVES

The Electric Cooperatives Section contributes industry-specific subject matter expertise on a wide range of issues as required to investigate, analyze, and make recommendations to the Commission in response to electric cooperative formal requests for Commission action. Section experts present recommendations to the Commission through pre-filed testimony and oral testimony subject to cross-examination during public evidentiary hearings.

NATURAL GAS, WATER AND SEWER UTILITIES, AND PIPELINE SAFETY

The Natural Gas and Water and Sewer Utilities Section contributes industry-specific subject matter expertise on a wide range of issues as required to investigate, analyze, and make recommendations to the Commission in response to natural gas, water, and sewer utility formal requests for Commission action. Section experts present recommendations to the Commission through pre-filed testimony and oral testimony subject to cross-examination during public evidentiary hearings.

Section members also conduct compliance audits of utilities with approved adjustment clauses, perform special project analyses, conduct general and special issue audits and investigations, and provide technical evaluations and responses to address inquiries from the public. gas operators are in compliance with the Arkansas Gas Pipeline Code and the Federal Pipeline Safety Code. Compliance is assessed through periodic inspection of safety, corrosion, and leak control with reporting of corrective actions needed. The Office also works cooperatively with the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration to ensure the safe operation of natural gas facilities in the state. Section members may be required to present findings and recommendations to the Commission through pre-filed expert testimony and oral testimony subject to cross-examination during public hearings. TELECOMMUNICATIONS AND ENGINEERING

The Telecommunications and Engineering Section is responsible for four distinct areas: 1) certification of telecommunications providers, 2) certification of transportation network companies, 3) engineering review of electric utility issues, and 4) electric utility Quality of Service.

The Incumbent Local Exchange Carriers (ILECs) are not rate regulated. Competitive Local Exchange Carriers (CLECs) and Interexchange Carriers (IXCs) must obtain a Certificate of Public Convenience and Necessity (CCN) from the Commission to provide service in Arkansas and most telecommunications providers must comply with the Commission’s Telecommunications Provider Rules.

The Commission is also responsible for the oversight of the Arkansas High Cost Fund, the Extension of Telecommunication Facilities Fund, and the Arkansas Intrastate Carrier Common Line Pool.

Transportation Network Companies (TNCs) require certification by the Commission to operate in the state, and the Staff verifies ongoing compliance with the requirements to operate.

As to electric engineering issues, Section engineering staff conduct analysis under Arkansas statutory requirements and Commission rules of electric utility requests for either a Certificate of Public Convenience and Necessity or a Certificate of Environmental Compatibility and Public Need (CECPN) to construct certain facilities; utility petitions to construct navigable water crossings; and customer applications to interconnect net-metering facilities to operate in parallel with the electric utility. Section engineering staff also conducts ongoing evaluations of the quality of service provided by electric utilities in Arkansas. That evaluation measures electric utility performance against the Commission’s General Service Rules and Special Rules - Electric and identifies and communicates to the utility opportunities for improvement. An additional area in which Section engineering staff provide analysis is in electric utility tariffs regarding application of tariffs and requests by a utility to modify certain policy tariffs.

Section experts present recommendations to the Commission through pre-filed testimony and oral testimony subject to cross-examination during public evidentiary hearings.

FINANCIAL ANALYSIS

The Financial Analysis Section contributes subject matter expertise primarily in the areas of cost of capital and capital recovery as required to investigate, analyze and make recommendations in response to electric, natural gas, water, and sewer utility rate requests. Section experts make recommendations to the Commission through pre-filed testimony and oral testimony subject to cross-examination during public evidentiary hearings. Section members also investigate, analyze, and make recommendations in response to electric utility nuclear decommissioning cost estimates and rate recovery requests, conduct focused investigations of proposed financings, and perform various other financial and economic analyses as needed.

COST ALLOCATION AND RATE DESIGN

The Cost Allocation and Rate Design Section contributes subject matter expertise primarily in the areas of cost allocation, rate design and billing determinants as required to investigate, analyze and make recommendations in response to electric, natural gas, water, and sewer utility rate requests. Section experts make recommendations to the Commission through pre- filed testimony and oral testimony subject to cross-examination during public evidentiary hearings.

Section members also investigate, analyze and make recommendations in response to electric and natural gas energy efficiency proposals, and lead in Staff’s development of various other economic analysis and regulatory issues, including distributed energy resources, net-energy metering, and time-of-use rates.

AUDITS

The Audits Section Staff contribute accounting expertise across all utility industries. Section members investigate, evaluate, and make recommendations on accounting issues in assigned dockets, primarily general rate cases, formula rate reviews and other cost recovery proceedings. Section experts make recommendations to the Commission through pre-filed testimony and oral testimony subject to cross-examination during public evidentiary hearings.

Section members may also conduct compliance audits of utilities with approved adjustment clauses, perform special project analyses, conduct general and special issue audits and investigations, and provide technical evaluations and responses to address inquiries from the public.

LEGAL

Attorneys on the contribute legal expertise in the investigation, evaluation, and development of Staff recommended positions in all proceedings before the Commission.

Staff attorneys may also serve a dual role in representing the Commission in matters and proceedings outside the Commission as needed, such as appellate cases and appearances before federal regulatory agencies. CONSUMER SERVICES

The Consumer Services Section Staff work with customers to answer questions and resolve liaisons with utilities in resolving customer complaints. This Section also provides educational brochures and materials and makes group presentations as needed.

Another responsibility of the Consumer Services Section is customer service audits of utility policies and procedures to identify opportunities for improvements and recommendations are often made to ensure compliance with Commission rules.

Section members may present their findings and recommendations to the Commission through pre-filed expert testimony and oral testimony subject to cross-examination in public hearings.

\ SECTION 3 - DIVERSITY SUMMIT

The Commission hosted an inaugural Diversity Summit in 2019 at the historic Mosaic Templars Cultural Center in downtown Little Rock, Arkansas. The theme of the Summit was “Opportunities in the Energy Sector” with the primary goal to provide awareness to Arkansas’s higher education professionals, particularly at Historically Black Colleges and Universities (HBCUs), on the expansive career opportunities in the energy industry.

Governor Asa Hutchinson offered supporting comments on the Summit, indicating, “Arkansas is creating an environment of opportunity for sustained growth as we address the changing demands of the energy sector. As our current workforce is preparing to retire, there is opportunity to create workforce pipelines to our higher education institutions to retain local talent and continue economic development throughout the state.”

Along with higher education professionals and students from Arkansas’s HBCUs Arkansas Baptist College, Philander Smith College, Shorter College, and the University of Arkansas at Pine Bluff, the Summit was attended by educational professionals and students representing other institutions in the University of Arkansas System.

The Summit featured keynote speakers and panelists from across the nation, including former Commissioner of the Federal Energy Regulatory Commission and Chairman of the Arkansas Public Service Commission, the Honorable Colette Honorable. In addition, the Summit featured policy makers, utility executives, diversity experts, and higher education professionals who facilitated discussions about building and sustaining pipelines to careers in the energy industry, and facilitated an opportunity for utilities to connect with diverse suppliers and discuss best practices.

The Commission was honored to include as a panelist one of its UAPB interns who shared her experiences and views on current energy topics in a Fireside Chat with PSC Chairman Ted J. Thomas.

Future efforts are in the planning stages as are internship opportunities.

SECTION 4 - 2020 DOCKET ACTIVITY

During 2020, 73 new dockets were initiated and 470 orders were issued. In addition to the new dockets opened in 2020, there were 200 continuing open and active dockets. Hearings denoted below were "live" or "in-person"; however, "paper" or "written" hearings were also conducted during 2020 and will likely continue in the future. Docket activity for each industry during 2020 is summarized below.

2020 DOCKET ACTIVITY SUMMARY

SUMMARY SCHEDULE OF ORDERS ISSUED IN 2020

* Includes rulemaking dockets, tax dockets, unassigned-industry dockets (such as complaint dockets), non-utility dockets (such as a non-utility entity requesting exemption from rules requirements), and dockets applicable to more than one utility industry.

COMMISSION INITIATED DOCKETS

Docket No. 20-012-A In the Matter of Administrative Orders Relating to the COVID-19 State of Emergency

On April 10, 2020, the Commission issued an Order stating that the Governor had declared a state of emergency in an effort to stem the transmission of the novel coronavirus that causes COVID-19; and in a subsequent Executive Order, the Governor ordered "all state agencies to identify provisions of any regulatory statute, agency order or rule that in any way prevents, hinders, or delays the agency's ability to render maximum assistance to the citizens of this state" while they are dealing with the COVID-19 public health agency. The Commission further recognized that while most jurisdictional electric, gas, and water public utilities had already resolved to suspend all disconnections for non-payment during that time, the Commission asserted that further action was required to ensure that both jurisdictional utilities and their customers are protected. Among other things, the Commission required jurisdictional utilities to suspend disconnections during the pendency of the Governor’s emergency declaration, or until rescinded by the Commission; authorized each of these Utilities to establish regulatory assets to record costs resulting from the suspension of disconnections, with recovery to be considered in a future proceeding; encouraged utilities to offer reasonable payment arrangements once the prohibition on disconnections is lifted; required utilities to offset costs by any cost savings directly attributable to the suspension of disconnections or other activities during the emergency declaration; required utilities to file a quarterly report on the amounts of the costs incurred and saved which have been booked to the regulatory assets beginning on July 1, 2020, and every three months thereafter; specified that utilities file its request to deviate from its tariff or Commission rules in this Docket, if necessary to do so and shall file requests for additional actions by the Commission related to the state of emergency in this Docket.

During the year, several utilities requested additional actions and tariff changes, which were approved by the Commission and Quarterly reports were filed by the Investor Owned Utilities (IOUs), with the Electric Cooperatives being exempt per Commission Order.

On September 17, 2020, the Commission recognized that an abrupt reversal of Order No. 1 and other related orders would be detrimental to Arkansas jurisdictional customers and possibly inhibit post-COVID-19 recovery. Transitional plans along with input from the utilities and other interested stakeholders are necessary before the Commission considers lifting the moratorium on suspensions. The Commission also directed Staff to file a Report of each utilities Proposed Transitional Plan, specifying: 1) whether the utility has plans in place to provide appropriate and adequate outreach to its customers about the availability of payment arrangements; 2) whether the utility has adequate plans in place to offer sensible and flexible payment arrangements; and 3) any other recommendations as needed.

In November 2020, Staff filed its reports on the IOUs and on the Electric Cooperatives in compliance with the Commission’s Order.

This docket is currently pending before the Commission.

Docket No. 20-026-U In The Matter Of Utilities Failing To File Annual Reports

Annually in March, jurisdictional utilities are required by law to file with the Commission a certified statement of gross earnings for their properties in Arkansas for the preceding calendar year. The law further provides that from this information, the Commission charge and collect fees from each of the utilities based on the proportion each utility's gross earnings bears to the total gross earnings. In May 2020, the Staff filed its Motion to report to the Commission the four interexchange carriers that failed to file an annual report for 2019 and request that the Commission order the utility to file its annual gross earnings report and to show cause why the ordered utilities should not have their CCN revoked and a civil sanction assessed against them. In July 2020, the Staff filed a Motion to cancel the hearing and submit the docket for decision on the record, also providing two exhibits which detailed Staff’s and the Secretary of the Commission’s efforts to make contact with the utility. The utility did not respond. In July 2020, the Commission granted Staff’s request to cancel the hearing and subsequently revoked the CCN of the utility and ordered it to pay a civil sanction within 30 days.

On July 7, 2020, the Commission issued Order No. 2 requiring the utilities to file its annual report immediately, directed Staff to file testimony in support of its petition and the utilities to file responsive testimony.

On September 9, 2020, the Commission issued an Order revoking the CCNs of the four non- responsive utilities and assessing them a civil penalty.

Docket No. 20-056-U Annual Determination of Interest Rate Applicable to Customer Deposits

In October 2020, the Commission established a docket for setting the annual simple interest rate to be paid on customer deposits for utility service during 2021. Under Arkansas law, the Commission makes this determination annually after notice and hearing. Staff filed testimony recommending the use of 0.3 percent as the statewide customer deposit interest rate, which was not opposed by the jurisdictional utilities. The Attorney General filed Rebuttal Testimony in response which sought to maintain the customer deposit rate of 0.8 percent due to the COVID-19 pandemic. Staff filed Supplemental Testimony which concurred with the Attorney General to let the 0.8 percent customer deposit rate for 2020 remain unchanged in 2021.

No hearing was held for this docket as no parties requested one. The Commission maintained the interest rate for utility customer deposits at 0.8 percent for jurisdictional utilities in 2021.

Docket No. 19-027-A In the Matter of a Docket for the Filing by Providers of Annual Reports Pursuant to Acts 677 and 1074 of 2019

During the 2019 legislative session, the Arkansas General Assembly passed Acts 677 and 1074 of 2019 to address serious problems associated with the many robocalls and spoofed calls made to Arkansas residents each day. Act 1074 requires each Provider, as defined under the Act, to file with the Commission documentation beginning July 1, 2019 and annually thereafter demonstrating the Provider has implemented current and applicable technologies to identify and block telecommunications that violate Arkansas Code Annotated §§4-88-107(a)(i) [sic]4, 4-88-108(a), 4-99-108(0), or 4-99-302(b), as applicable, taking into consideration applicable state and federal laws, federal regulations, and costs (Report). Accordingly, the Commission established this Docket for the purpose of accepting each Provider's initial Report and each Provider's annual Reports filed thereafter. Order No. 1 provides the specific items of information required in the report. In accordance with the language of Act 1074, once a Provider has filed a completed Report, the Provider shall be deemed to be in compliance with the law until such time as the Commission shall determine otherwise.

All Providers are required to file on or before July 1, 2019, and annually thereafter, a Report demonstrating the Provider has implemented current and applicable technologies to identify and block telecommunications that violate Arkansas Code Annotated §§4-88-107 (a) (ii), 4-88-108 (a), 4-99-108 (0), or 4-99-302 (b), as applicable, taking into consideration applicable state and federal laws, federal regulations, and costs.

One hundred forty-seven providers filed annual reports with the Commission on or about June 30, 2020. Three providers requested to be dismissed as a party to this docket. Two were approved to be dismissed by the Commission.

This matter is pending before the Commission.

Docket No. 16-028-U Investigation of Policies Related to Renewable Distributed Generation

On April 29, 2016, the Commission established this docket to collect information to consider whether a change is warranted in the Commission’s policies related to renewable distributed generation.

On November 9, 2017, the Commission issued Order No. 5 to amend the docket to include all Distributed Energy Resources (DERs), not just renewable resources, and expand the subject matter of this docket to collect information to consider whether any change is warranted in the Commission’s policies related to DERs.

On February 13, 2018, the Commission received an informal report requested from The Regulatory Assistance Project entitled “Enabling Third-Party Aggregation of Distributed Energy Resources” (RAP Report), which identifies issues in addition to those raised by the Commission in prior Orders that may need to be addressed in this Docket.

On July 27, 2018, the Commission issued Order No. 10, which launched the process to consider the issues and sub-issues the Commission has identified for substantive exploration. The RAP Report is attached to Order No. 10 as Attachment 1. The Commission established an initial procedural schedule to allow an opportunity to submit comments on procedural issues prior to the forthcoming Educational Workshop on DERs and Grid Modernization Procedural Issues.

The parties filed Pre-Workshop procedural comments on September 28, 2018. By Order No. 11 dated April 30, 2019, the Commission announced the first public Educational Workshop on DERs and Grid Modernization to be held on June 11 and 12, 2019. By Order No. 12, the Commission announced the schedule for the second, third, and fourth Workshops on DERs and Grid Modernization. This schedule was subsequently amended by Order Nos. 13, 14, and 15. Workshop 2 was held September 4, 5, and 6, 2019. Workshop 3 was held on October 29 and 30, 2019. Workshop 4 was scheduled for January 22, 23, and 24, 2020 by Order No. 15 issued December 20, 2019. By Order No. 16, the schedule for Workshop 5 was set for May 7 and 8, 2020. Order No. 17 made Workshop 5 a webinar.

On January 21, 2021, Entergy Arkansas, LLC, Oklahoma Gas & Electric, The Empire District Electric Company, Southwestern Electric Power Company, and Arkansas Electric Cooperative Corporation filed a Motion for Clarification of the next steps and current purpose of this docket.

This matter is pending before the Commission. Docket No. 10-011-U Entergy Arkansas, LLC (EAL)

In February 2010, the Commission initiated this docket to conduct a detailed investigation as to whether Entergy Arkansas, LLC (EAL), independent of its parent company, was investigating all options when the Energy System Agreement (ESA) terminated in December 2013 and whether EAL was taking all necessary corrective actions to ensure and protect its Arkansas ratepayers against such continued detrimental effects associated with EAL’s participation in the System Agreement and the operation and control of the Entergy Transmission System, including transmission assets owned by EAL and paid for by its ratepayers.

On April 8, 2013, by Order No. 76, the Commission granted: 1) EAL’s Application to transfer functional control of its electric transmission facilities to Midcontinent Independent System Operator, Inc. (MISO) conditioned upon full and continued compliance by EAL and MISO with each of the Order No. 68 conditions; 2) EAL’s request to discontinue activities necessary to operate as a stand-alone electric utility; and 3) EAL’s request to defer its MISO transition costs. In addition, the Commission directed EAL and MISO to file on the first business day of each month, Supplemental Testimony providing monthly updates regarding the progress of the integration of EAL into MISO, critical developments in the various Entergy/MISO related proceedings pending before the Federal Energy Regulatory Commission and before Entergy’s other retail regulators, and ongoing compliance with the Order No. 68 conditions.

On September 18, 2013, by Order No. 77, the Commission authorized EAL to participate in the MISO Planning Resource Auction (PRA). Order No. 77 also required EAL to file an annual report of its participation in the MISO PRA by June 30 each calendar year beginning on June 30, 2015, and for Staff to file responsive testimony within 30 days of the filing of EAL’s annual report.

EAL transferred functional control of its transmission assets to MISO on December 19, 2013.

On June 24, 2015, the Commission issued Order No. 80 granting MISO’s request to modify the reporting requirements of Order No. 76 to allow MISO to file Supplemental Testimony on a quarterly basis. Beginning in September 2015, MISO began filing Supplemental Testimony on a quarterly basis.

In December 2016, EAL submitted its first report regarding historical and projected net benefits of MISO membership pursuant to Condition No. 14 of Order No. 72. In March 2017 and July 2017, EAL submitted supplements to the report to include an assessment of the net benefits of MISO participation for the full year of 2016 and provide revised estimates regarding the historical and projected net benefits of MISO membership.

In November 2017, the Commission issued Order No. 85 finding that it was reasonable and in the public interest that EAL remain in MISO at this time. Additionally, Order No. 85 requires that EAL file its next evaluation report five years from the date of its last report, December 19, 2021.

In March, June, September, and December of 2020, MISO filed its quarterly reports pursuant to Order No. 80.

On June 24, 2020, pursuant to Order No. 77, EAL submitted its annual report of participation in the MISO PRA. In July 2020, Staff filed Responsive Testimony addressing EAL’s 2020 annual report.

Docket No. 81-071-F Cogeneration and Small Power Production

In March 1981, the Commission initiated a rulemaking to comply with the Federal Energy Regulatory Commission (FERC) rules issued pursuant to the Public Utility Regulatory Policies Act of 1978 (PURPA) §201 that required all electric utilities to purchase electric power from and sell electric power to qualifying cogeneration and small power production facilities.

In February 1983, the Commission adopted the Cogeneration Rules addressing the rates, charges, and conditions for the sale of electric energy and capacity between electric utilities and qualifying cogenerators or small power producers in Arkansas.

In accordance with the Commission’s Cogeneration Rule 3.2(c), electric utilities are required to file standard rates for purchases from qualifying facilities with a design capacity of 100 kilowatt (KW) or less. In 2020, the annual revised avoided cost rates of Southwestern Electric Power Company were filed with and approved by the Commission. Arkansas Electric Cooperative Corporation and The Empire District Electric Company each filed biennial updates of their avoided cost rates, which were approved by the Commission. Entergy Arkansas, LLC submitted its biannual Avoided Capacity and Energy Cost Bulletins.

RULEMAKING DOCKETS

Docket No. 19-046-R In the Matter of Promulgation of Rules Concerning the Governance of Telecommunications Service Providers and Spoofing Providers Pursuant to Acts 677 and 1074 of 2019

On September 10, 2019, the Commission established this docket for the purpose of promulgating rules pursuant to Acts 677 and 1074 of 2019 regarding spoofing. The Commission proposed draft rules.

Initial Comments by the parties were filed on November 14, 2019 and Reply Comments were filed on December 19, 2019.

The rules were published statewide on January 5, 2020 and January 12, 2020. A hearing on the draft rules was held on February 20, 2020. The rules were approved by the Commission on March 17, 2020. The rules were filed with the Bureau of Legislative Research and the Office of the Governor pursuant to A.C.A. §10-3-309(c)(1).

The matter is pending before the Commission.

Docket No. 19-069-R Update to Arkansas Gas Pipeline Code

In December 2019, the Staff of the Commission submitted a Petition to Initiate a Docket for Rulemaking to Make Changes to the Arkansas Gas Pipeline Code in compliance with state and

federal law. The Commission’s Section 60105 (a) agreement with Pipeline and Hazardous Material Safety Administration Office of Pipeline Safety requires that the Commission adopt the minimum pipeline safety standards contained in 49 Code of Federal Regulation (CFR), as amended. The current revision was required to incorporate the minimum pipeline safety standards in 49 CFR. Staff filed testimony at this time supporting the change.

In February 2020, a Commission hearing was conducted. In March 2020, the Commission approved Staff’s requested revisions.

ENERGY EFFICIENCY DOCKETS

Docket No. 13-002-U Continuation, Expansion, and Enhancement of Public Utility (EE) Programs in Arkansas

In January 2013, the Commission established this docket in the matter of the continuation, expansion, and enhancement of public utility EE Programs in Arkansas.

The current framework includes: 1) setting EE goals and utility incentive structures; 2) determining avoided costs; 3) evaluating program cost effectiveness; 4) developing more uniform programs and measures among the utilities subject to the inter-utility cooperation and coordination of programs between gas and electric utilities; and 5) implementing an enhanced statewide collaborative process.

In July 2018, by Order No. 43, the Commission approved EE Savings targets for Program Years (PYs) 2020-2022. The utility energy savings targets for electric investor-owned utilities (IOUs) were set at 1.20 percent of 2018 retail sales less self-direct customers and for natural gas IOUs 0.5 percent of 2018 retail sales less self-direct customers. There were no changes made to the incentive structure.

Each of the IOUs filed its three-year EE Program Portfolio (Three-Year EE Plan) for Program Years (PYs) 2020-2022 on March 15, 2019 in its respective Tariff (TF) docket. Due to a late errata filing, by Order No. 49, the Commission granted Staff and other parties leave to file Supplemental Comments to The Empire District Electric Company’s Three-Year EE Plan filing which was filed in its TF Docket 07-076-TF. The Commission approved the Three-Year EE Plan for PYs 2020-2022 for Entergy Arkansas, LLC (EAL), Southwestern Electric Power Company (SWEPCO), Oklahoma Gas and Electric (OG&E), CenterPoint Energy Resources Corp. (CenterPoint), Black Hills Energy Arkansas, Inc. (BHEA), and Arkansas Oklahoma Gas Corporation (AOG) on July 1, 2019 by Order No. 51. This order was simultaneously issued in the TF docket for EAL, SWEPCO, OG&E, CenterPoint, BHEA, and AOG. The Commission also directed the parties to propose a Three-Year EE Plan Template that IOUs will use when submitting their proposal for PYs 2023-2025. The Three-Year EE Plan Template was approved by Order No. 60 on January 7, 2021.

Docket No. 10-010-U Notice of Inquiry into Energy Efficiency (EE)

In February 2010, the Commission transferred certain EE issues to this docket. The issues transferred were: 1) full fuel cycle efficiency; 2) independent administration; 3) commercial and industrial opt-out; 4) administrative costs and EE reporting needs; 5) best practices- National Action Plan for EE; 6) utility EE resources and staffing and training within the contractor market and within the utility; and 7) benefits of EE resources. For these issues, the Commission established various filing dates for reports, comments, testimony, and activities of working groups.

No action was required by the Commission in 2019 or 2020.

Docket No. 10-100-R Evaluation, Measurement, and Verification (EM&V) Protocol Amendments for Conservation and

In December 2010, the Commission established this rulemaking docket on EM&V. As part of Order No. 1, a collaborative on EM&V was to develop an EM&V Protocol, propose amendments to the Commission’s Conservation and Energy Efficiency Programs (C&EE) Rules, and recommend an addendum to the C&EE Rules adopting the EM&V Protocol. The Commission noted that this rulemaking would affect future filings by the utilities in all of the EE tariff filings and reporting dockets concerning their EE programs and portfolios. This rulemaking docket is related to other orders issued in various EE dockets pending before the Commission.

On March 20, 2019, by Order No. 30, the Commission approved the requested process for updating the Arkansas Technical Reference Manual (TRM). The parties were directed to submit an updated TRM in August of the year preceding the beginning of the utilities' three-year planning cycle, subject to interim updates, addenda, and errata as warranted under specified criteria; and 2) TRM version 8.0 and subsequent, triennially-approved TRMs are approved for use during the next three-year cycle unless and until updated by the Commission. Version 8.1 of the TRM was approved by the Commission on December 17, 2019 by Order No. 35 for use in computing and evaluating PY 2020 EE programs results beginning January 1, 2020. Version 8.2 of the TRM was approved by the Commission on October 27, 2020 by Order No. 36 for use in computing and evaluating PY 2020 EE programs results beginning January 1, 2021.

On May 10, 2019, by Order No. 31, the Commission accepted the National Standard Practice Manual Case Study: Arkansas’ Current Practices and supporting appendices and provided direction to the Parties Working Collaboratively (PWC) regarding certain inconsistencies in reporting among the utilities.

In July 2020, Johnson Consulting Group filed a summary of the EM&V activities conducted by the evaluation teams for Program Year (PY) 2019, provided an independent assessment of the EM&V contractors’ performance, and provided recommendations to help improve future EM&V activities. In addition, Johnson Consulting Group sponsored the Annual Summary Report of EM&V findings, which summarized the key findings and recommendations of the separate EM&V reports prepared by the investor-owned utilities.

Docket No. 10-101-R

Programs to Allow Self-Directed Programs (S-D)

In 2010, after several years of proposals by a number of large commercial and industrial customers requesting that the Commission permit large consumers of electricity and natural gas to opt-out of participating in and paying for Energy Efficiency (EE) Programs implemented by investor-owned utilities, the Commission agreed. The Commission stated that allowing large consumers of electricity and natural gas to opt-out through S-D programs was in the public interest.

The Commission concluded that the S-D or opt-out alternative should be pursued as a means of maximizing the achievable benefits for all ratepayers and for the utility system of verifiable, cost-effective energy savings, where that alternative is more likely to reach this goal. The Commission further concluded that at a minimum, the S-D/opt-out program must deliver at least as much EE for the system as would occur in the absence of such a program.

Act 253 of 2013, codified as Arkansas Code §23-3-405(c) through (e) (Act 253), allowed certain customers classified within sectors 31 through 33 of the North American Industry Classification System (NAICS), as it existed on January 1 to opt-out of a utilities’ EE programs and self-direct their own EE programs by providing notice to the Commission on or before September 15 of any year. Act 253 of 2013 was amended by Act 309 of 2017 to include state-sponsored institutions of higher education.

The Commission’s C&EE rules continue to allow large consumers of electricity and natural gas to opt-out through S-D programs if they do not otherwise qualify under Act 253, as amended. The Commission grants qualified applicants a certificate to opt-out. Certificates issued under Act 253, as amended, are permanent unless withdrawn by the consumer, while certificates granted under the Commission’s C&EE rules (non-Act 253) are valid for the duration of the public utility’s EE plan approved by the Commission and must be renewed.

In 2020, there were 27 filings related to S-D/Opt-Out dockets. Of these, one docket was withdrawn and one was approved to begin on January 1, 2022. There were 25 dockets where the only action in 2020 was closure of the docket.

See the table on the next page for a summary of S-D Applications.

2020 SELF DIRECT OPTION SUMMARY

Docket Nos. 08-041-RP through 08-048-RP, 08-050-RP through 08-056-RP, and 08-60-RP through 08-063-RP In the Matter of Certain Reports to be Filed by Electric Cooperatives

Pursuant to Order No. 12 in Docket No. 06-004-R, the various electric cooperatives regulated by the Commission are required to file reports annually with the Commission for the preceding program year as a condition for their exemption from the Energy Efficiency Rules. In April 2020, the Cooperatives filed the 2019 Joint Report on Energy Efficiency.

Docket Nos. 07-075-TF through 07-079-TF, 07-081-TF through 07-083-TF, and 07-085-TF Request for Approval of Various Energy Efficiency (EE) and the Tariff Related to the Programs

Pursuant to the Conservation and Energy Efficiency Rules as approved in Docket No. 06-004-R, the various utilities regulated by the Commission are required to file tariff updates and reports annually by May 1 of each year for the preceding Program Year (PY).

The regulated utilities are required to file triennial EE program portfolios that must be approved by Commission order. As a part of the routine annual filings, the utilities file a true- up for the existing Energy Efficiency Cost Recovery Rider for the preceding PY; a report on the effectiveness of those programs that have already been implemented, including savings, amounts spent on each program and in total; and proposed comprehensive program plans to be implemented in future years. In sum, the Commission required that all tariff and program specific filings should be made annually in the original Tariff (TF) docket of the respective investor-owned utility. In addition, orders related to a customer’s request to self-direct or opt- out of a utility’s EE programs were filed in the customer-initiated docket and the respective utility’s TF docket.

Triennial EE program portfolios for PYs 2020-2022 were filed on March 15, 2019 by all of the utilities. The Commission approved the Three-Year EE Plan for PYs 2020-2022 for Entergy Arkansas, LLC (EAL), Southwestern Electric Power Company (SWEPCO), Oklahoma Gas and Electric (OG&E), CenterPoint Energy Resources Corp. (CenterPoint), Black Hills Energy Arkansas, Inc. (BHEA), and Arkansas Oklahoma Gas Corporation (AOG) on July 1, 2019 by Order No. 51 in Docket 13-002-U, which was simultaneously issued in the TF dockets for EAL, SWEPCO, OG&E, CenterPoint, BHEA, and AOG. The PY 2020 EE Plan for The Empire District Electric Company (Empire) was approved by Order No. 84 in Docket No. 07-076-TF. By the same Order, Empire’s PYs 2021 and 2022 EE Program Portfolio Plans were disapproved and Empire was directed to file new plans for PYs 2021 and 2022 on March 2, 2020.

This matter is pending before the Commission.

The following tables summarize the various activities that occurred in 2020 in the TF dockets open before the Commission.

2020 COMPANY SPECIFIC ENERGY EFFICIENCY DOCKET ACTIVITY SUMMARY

COMPANY STATISTICS COMPANY STATISTICS 2020 PROGRAM YEAR 2020 PROGRAM YEAR

REVENUE VS. ENERGY EFFICIENCY ENERGY SALES VS. ENERGY SAVINGS

GENERAL RATE CASE DOCKETS

Docket No. 20-001-U Ashley-Chicot Electric Cooperative, Inc. (Ashley-Chicot) Act 821

In September 2020, Ashley-Chicot filed an Application for Approval of a General Change in Rates and Tariffs. Ashley-Chicot filed for an increase in revenues of $504,148 or 4.99 percent.

The matter is pending before the Commission.

Docket No. 15-002-U Notice of Intent (NOI) to File an Application for a General Change in Rates

In February 2015, the Commission established this docket and required all jurisdictional utilities to file any NOI pursuant to Rules of Practice and Procedure (RPP) Rule 8.06 (any petition for a waiver under Rule 8.06) in the docket.

In January 2020, Liberty Utilities (Pine Bluff Water) Inc. submitted its NOI to file an Application for Approval of a general change in

In September 2020, Ashley-Chicot Electric Cooperative submitted its NOI to file an Application

FORMULA RATE REQUEST DOCKETS

Docket No. 18-046-FR Oklahoma Gas and Electric Company (OG&E)

OG&E’s Rate Schedule No. FRP, Formula Rate Plan Rider (Rider FRP), was approved in Docket No. 16-052-U pursuant to Act 725 of 2015 and allows the Company to implement annual rate adjustments based upon a projected year. Under the terms of OG&E’s Rider FRP, beginning in 2018, OG&E makes an annual filing on or about October 1 of each year for rates to become effective with the first billing cycle of April.

On October 1, 2019, OG&E filed its 2019 Application pursuant to the terms of its Rider FRP. OG&E requested a total Rider FRP revenue change of $5,841,575. On March 3, 2020, the Commission approved a total Rider FRP revenue change of $5,191,673 effective April 1, 2020.

On October 1, 2020, OG&E filed its 2020 Application pursuant to the terms of its Rider FRP. OG&E requested a total Rider FRP revenue change of $6,999,441. OG&E’s 2020 Rider FRP Application is pending before the Commission.

Docket No. 17-010-FR CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Arkansas Gas (CEA)

On April 6, 2020, CEA filed an Application for approval of its Formula Rate Plan (FRP) in compliance with the provisions of CEA’s Rider Schedule No. 9. CEA requested a decrease of $8,122,261 in its retail revenue requirement.

On July 2, 2020, the Parties filed Statements of Errors and Objections and on July 17, 2020, CEA filed its Rebuttal to Errors and Objections.

A Joint Issues List was filed by the parties on August 4, 2020. On August 6, 2020, the Commission issued Order No. 19 adopting procedures to conduct a paper hearing.

The Commission issued Order No. 21 on September 11, 2020, ruling on all contested issues which provided for a revenue decrease of $12,091,520, to be effective October 1, 2020, the first billing cycle of October. The cumulative Rider FRP revenue change approved for CEA is $7,969,152, which is allocated to the classes in the same manner as the $175,438,012 total rate schedule revenue requirement approved in Docket No. 15-098-U. Docket No. 16-036-FR Entergy Arkansas, LLC (EAL)

On July 7, 2020, EAL filed an Application pursuant to its Rate Schedule No. 44, Formula Rate Plan Rider (Rider FRP). EAL’s Rider FRP was approved in Docket No. 15-015-U pursuant to Act 725 of 2015 and allows the Company to implement annual rate adjustments based upon a projected year. EAL requested a total Rider FRP revenue increase of $74,266,926 to the cumulative Rider FRP revenue change of $194,419,959 approved for 2017 through 2020. EAL’s proposed rate change included a projected revenue deficiency for 2021 of $80,624,540 and a netting amount for historical year 2019 of $23,944,036.

Additionally, pursuant to Act 725 of 2015 and the terms of EAL’s Rider FRP tariff, EAL’s July 7, 2020, Application included a request to extend its Rider FRP tariff for an additional five years.

On December 23, 2020, the Commission approved a total revenue change of $996,478 to be effective in the first billing cycle of January 2021. The cumulative Rider FRP revenue change approved for EAL is $192,643,393, which is allocated to the classes in the same manner as the $1,277,230,243 total revenue requirement approved in Docket No. 15-015-U.

EAL’s request to extend its Rider FRP is pending before the Commission.

ELECTRIC COOPERATIVE DOCKETS

Docket No. 20-008-TF Mississippi County Electric Cooperative, Inc. (MCECI)

In March 2020, MCECI filed for approval seeking revisions to Rate Schedule No. 7, Irrigation Service to correct an error in the rebase of the cost of energy adjustment and Rate Schedule No. 14, Load Control of Irrigation Service to remove the 2.5 hour load control because there are no longer any 2.5 hour load control customers. In March 2020, Staff reviewed MCECI’s tariff revisions and filed testimony supporting approval of the tariff revisions. In April 2020, by Order No. 2, MCECI’s proposed tariff revisions were approved.

Docket No. 20-057-TF Woodruff Electric Cooperative Corporation (WECC)

In October 2020, WECC filed an Application seeking approval for a proposed Pre-Pay Electric Service Program (PPESP) tariff that will permit eligible new and existing customers to pay for electric service in advance. WECC also filed a revised Table of Contents to incorporate the PPESP tariff. In November 2020, Staff reviewed WECC’s Application and filed testimony supporting approval of the Application and the Commission issued Order No. 1 approving WECC’s request.

In November 2020, WECC submitted a correction to revise Sheet 56.41 of Rate Schedule No. 43 and the Commission approved the correction by issue of Order No. 2.

Docket No. 20-061-TF Rich Mountain Electric Cooperative, Inc. (RMEC)

In November 2020, RMEC filed an Application seeking approval of a proposed tariff revision regarding RMEC’s Net-Metering tariff changing the rate schedule from 16 to rate schedule 15 for internal tracking purposes. In November 2020, Staff reviewed RMEC’s Application and filed testimony supporting approval of the Application and the Commission issued Order No. 2 approving RMEC’s request.

Docket No. 20-064-TF Ozarks Electric Cooperative Corporation (OECC)

In November 2020, OECC filed an Application seeking approval of a new General Service 1- Phase Time of Use rate on an experimental basis. The proposed rate is optional. The filing is also seeking approval of an Electric Vehicle Charging Rider which provides a reduced price for members that agree to install a Level 2 charger that allows charging during an overnight off- peak period. In December 2020, Staff requested the tariff be suspended, and the Commission granted that suspension by Order No. 1 in December 2020.

The matter is pending Staff’s review.

Docket No. 20-068-TF Ozarks Electric Cooperative Corporation (OECC)

In December 2020, OECC filed an Application for approval of a new tariff to implement a renewable solar energy pilot program designed to individually customize solar participation by its members.

This matter is pending before the Commission.

Docket No. 19-065-TF Woodruff Electric Cooperative Corporation (WECC)

In November 2019, WECC submitted a Rate Schedule 6A, Agricultural Pumping Service for Net- Metering Customers. In November 2019, Staff requested the tariff be suspended, and the Commission granted that suspension by Order No. 1 in December 2019.

The Commission approved the rate schedule in March 2020.

Docket No. 87-159-U Electric Distribution Cooperatives Act 821

This docket was implemented to establish the filing requirements applicable to electric distribution cooperatives seeking a general rate change under the authority of Arkansas Code Annotated §23-4-901 et seq. (also referred to as Act 821 of 1987). Generally, Act 821 of 1987 allows a distribution cooperative to implement a rate increase of 10 percent or less after a 90- day notice to its customers and the Commission.

In October 2019, Ouachita Electric Cooperative Corporation filed an Application for a reduction in retail rates of 4.5 percent. In March 2020, Ouachita Electric made a supplemental filing supporting its initial filing and they were approved by the Commission in March 2020. In December 2019, Farmers Electric Cooperative Corporation filed an Application for a revenue neutral rate change, requesting approval for a new rate design that would more closely align costs by revenue class. The rate changes were approved by the Commission in May 2020.

In July 2020, Clay County Electric Cooperative Corporation filed an Application for a revenue neutral rate change, requesting approval for a new rate design that would more closely align costs by revenue class. In September 2020, Clay County submitted a letter to withdraw its Application.

In October 2020, Clay County Electric Cooperative Corporation filed an Application for a revenue neutral rate change, requesting approval for a new rate design that would more closely align costs by revenue class. This matter is pending before the Commission.

In December 2020, First Electric Cooperative Corporation filed an Application for a 1.25 percent rate increase. This matter is pending before the Commission.

UTILITY RENEWABLE PROJECT DOCKETS

Docket No. 20-037-U Oklahoma Gas and Electric Company (OG&E)

In July 2020, OG&E filed an Application for a Certificate of Public Convenience and Necessity (CCN) to construct and operate a 5 megawatts (MW) renewable solar generation facility (Project) in its service territory near Branch in Franklin County, Arkansas. In addition to the proposed renewable solar energy facility, OG&E proposed a new, optional tariff designed to recover the revenue requirement for the proposed facility. This voluntary service offering would be offered to customers who wish to subscribe to renewable solar energy produced by the project.

On September 30, 2020, a Joint Motion to approve a Unanimous Settlement Agreement (Agreement) for the facility and tariff was filed by the Parties. The Agreement recommended that the Commission grant OG&E a CCN for the construction, ownership, and operation of the Project, and also recommended approval of the associated tariff provisions. OG&E agreed that it is not seeking a cost recovery determination for the Project in this proceeding and that any cost recovery determination will be made as part of a general rate request or as part of a Formula Rate Plan filing after completion of the Project. OG&E agreed to maintain detailed information on the final costs of the Project and provide all revenue and cost information, including cost variances from estimates, at the time it seeks recovery either in a general rate case or a formula rate plan filing, where a prudence of cost determination can be made. To ensure that small consumers would have an opportunity to participate in the solar offering, OG&E agreed to reserve 50 percent of the total expected energy produced by the project for Residential customers for the first 90 days of the program’s initial subscription period.

The Commission approved the Agreement on November 6, 2020.

Docket No. 20-052-U Entergy Arkansas, LLC (EAL)

In October 2020, EAL filed a Petition for Approval of a Build-Own-Transfer (BOT) Arrangement for a Renewable Solar Resource to be constructed by a third party. The Petition requested that the Commission grant a Certificate of Public Convenience and Necessity (CCN) or, in the event the Commission determined it necessary, a Certificate of Environmental Compatibility and Public Need (CECPN). EAL executed the BOT Agreement with Walnut Bend Solar, LLC for a renewable energy resource to be located near Fleener Township in Lee County. The facility is planned to be a 100 megawatts (MW) solar photovoltaic array interconnecting to a new 115 kilovolt (kV) transmission ring bus switching station.

This matter is pending before the Commission.

Docket No. 19-019-U Entergy Arkansas, LLC (EAL)

In May 2019, EAL filed a Petition for Approval for a Build-Own-Transfer (BOT) Arrangement for a Renewable Solar Resource to be constructed by a third party. The Petition requested that the Commission grant a Certificate of Public Convenience and Necessity (CCN) or, in the event the Commission determined it necessary, a Certificate of Environmental Compatibility and Public Need (CECPN). EAL executed the BOT Agreement with Searcy Solar LLC, for a renewable energy resource, to be located on up to approximately 1,175 acres of land east of Searcy, Arkansas. The facility is planned to be a 100 megawatts (MW) solar photovoltaic (PV) array interconnecting to the existing Searcy Price 161 kilovolt ampere (kV) substation. The facility will also include a 10 MW three-hour direct current (dc) battery energy storage system (BESS). The Company’s Application also included a request for cost recovery under its proposed Rate Schedule No. 57, Renewable Asset Rider (Rider RA).

In February 2020, a Partial Settlement Agreement was filed. The agreed upon terms included that the Commission find the Application to be in the public interest and grant EAL a CCN to operate the facility, grant EAL a CECPN to the extent required, allocate 100 percent of the costs of acquiring and operating the facility to EAL’s retail customers, and approve EAL’s request for interim depreciation rates of 6.67 percent for the BESS and 3.33 percent for the PV panels, with other transmission assets to be depreciated at the Company’s currently approved depreciation rates.

Issues disputed by the Parties included EAL’s request for cost recovery through the proposed

Rider RA and whether a CECPN was required under Arkansas Code Annotated § 23-18-501, when a BOT arrangement is proposed by a utility. The Disputed Issue over the proposed rider included whether EAL may lawfully recover the costs of Searcy Solar through its proposed Rider RA contemporaneously with its election to have its rates regulated under the Formula Review Act or whether an interim Rider RA could lawfully go into effect in the event that EAL’s Formula Rate Plan Rider (Rider FRP) was not extended but while Rider FRP continued for purposes of the Netting of Historical Year Differences Adjustments.

On April 23, 2020, the Commission issued Order No. 7, clarifying that a CECPN was required under the facts as presented in this Docket. Additionally, the Commission stated that while EAL may lawfully recover the costs of the solar facility through the proposed Rider RA, the proposed rider was not needed while the Company’s Rider FRP is in effect, thus denying the Company’s proposed Rate Schedule No. 57. The Commission granted EAL a CECPN to construct and operate the facility as proposed, and the Parties accepted the Commission’s modifications to the Partial Settlement Agreement on April 27, 2020. Docket No. 19-035-U Southwestern Electric Power Company (SWEPCO)

In July 2019, SWEPCO filed an Application for approval to acquire three wind facilities, known as the North Central Wind Energy (NCWE) project, pursuant to the Arkansas Clean Energy Development Act. The NCWE project is comprised of three separate wind generation facilities totaling 1,485 megawatts (MW) of total installed nameplate capacity under construction in North Central Oklahoma. The three projects include 1) the Traverse Wind Project (999 MW); 2 ) the Maverick Wind Project (287 MW); and 3) the Sundance Wind Project (199 MW). SWEPCO’s Application requested authorization to acquire a 54.5 percent share of the NCWE project, with its sister company, Public Service Company of Oklahoma (PSO), acquiring the remaining 45.5 percent.

In January 2020, the parties to the docket filed a Joint Unanimous Settlement Agreement. The Settling Parties submitted for determination by the Commission the threshold question of whether it was legally permissible for SWEPCO to utilize a temporary surcharge under the Arkansas Clean Energy Development Act, such as the Wind Facilities Asset Rider proposed in the docket, when the Company elected in its last general rate case in Docket No. 19-008-U to have its rates regulated under a formula rate review mechanism as authorized by Act 725.

The Settling Parties requested that the Commission approve that SWEPCO was authorized to acquire up to 810 MW from the NCWE facilities, based on the receipt of all regulatory approvals by SWEPCO. The Unanimous Settlement Agreement included significant ratepayer protections, including guarantees for a Cost Cap, eligibility for the federal production tax credits at the specified level in the Company’s Application, a Net Capacity Factor guarantee ensuring Base Case level of generation for the NCWE facilities, and a Most Favored Nations Provision that ensures that Arkansas customers will receive the value of the Unanimous Settlement Agreement as well as any additional benefits that may be agreed upon or ordered in other SWEPCO jurisdictions or in the Oklahoma jurisdiction related to PSO.

In May 2020, the Commission approved the Wind Generation Facilities in Order No. 7, modifying the Unanimous Settlement Agreement filed January 24, 2020, stating costs shall be recovered for the facility under SWEPCO’s Formula Rate Review Rider approved in Docket No. 19-008-U. Order No. 7 also required SWEPCO to file a tariff to provide customers with the option to purchase Renewable Energy Credits (RECs) for the NCWE facilities.

In August 2020, SWEPCO filed its proposed optional Rate Schedule No. 51, Renewable Energy Credits Rider (RECs Rider) for customers interested in purchasing RECs for the environmental and societal benefits of renewable electric generation. Customers participating in the rider are allowed to purchase RECs equivalent to 100 percent of their total monthly billed kilowatt-hour usage. In August 2020, the Commission approved SWEPCO’s proposed RECs Rider in Order No. 8.

In October 2020, SWEPCO filed the proposed rate for calendar year 2021 to be used in the RECs Rider. In November 2020, the Commission approved the new rate in Order No. 9. In October 2020, SWEPCO also filed an Amended Settlement Agreement for the NCWE facilities to include customer benefits that the Company had offered to other jurisdictions as provided for in the Most Favored Nations clause located in Section 2(d) of the original settlement. The Commission accepted and approved the Amended Settlement Agreement to supersede and replace the Original Settlement in its entirety on November 30, 2020, by Order No. 10.

Docket No. 19-066-U The Empire District Electric Company d/b/a Liberty-Empire (EDE)

In July 2020, EDE filed an Application in compliance with Order No. 5 in Docket No. 18-029-U, seeking an order from the Commission authorizing the Company to acquire an interest in three holding companies that will own three renewable wind generation assets.

The proposed out-of-state wind projects consist of approximately 600 megawatts (MW) of wind generation (the Wind Projects). EDE entered into a purchase and sales agreement with Tenaska Missouri Matrix Wind Holdings, LLC (Tenaska), Steelhead Missouri Matrix Wind Holdings, LLC (Steelhead), pursuant to which EDE will acquire two holding companies that will each own a 150 MW wind generation project located in Missouri. These projects are known as the Kings Point Wind project located in Jasper, Barton, Dade, and Lawrence Counties, Missouri, and the North Fork Ridge Wind project in Barton and Jasper Counties, Missouri.

Additionally, EDE entered into a purchase and sales agreement with Neosho Ridge Wind JV, LLC, a joint venture between a subsidiary of Apex Clean Energy, Inc. (Apex), and a subsidiary of Steelhead Wind 2, LLC (Steelhead), pursuant to which EDE will acquire a holding company that will own a 301 MW wind generation project located in Kansas. This project is known as the Neosho Ridge Wind project, located in Neosho County, Kansas.

The Settlement in Docket No. 18-029-U required EDE to address issues, including imposition of a reasonable capacity factor guarantee, imposition of a reasonable Force Majeure clause associated with the Wind Project acquisitions, and a statement of no pre-approval of any revenue requirement or cost recovery related to the Wind Projects. A Joint Motion to Approve Settlement Agreement was filed in November 2020, which addressed the aforementioned issues.

The Commission approved the Settlement Agreement on December 29, 2020.

NET-METERING FACILITY DOCKETS

Docket No. 20-007-U Lexicon, Inc. (Lexicon)

In February 2020, Lexicon submitted its Application requesting authority to operate a solar renewable generating facility in excess of 1,000 kilowatt (kW), but not more than 5,000 kW as a Net-Metering Facility. The rated capacity of the facility was 2437.6 kW (dc). Staff evaluated the request for compliance with Arkansas statutory requirements and the Commission’s Net- Metering Rules and recommended approval of the request.

In July 2020, Lexicon made an additional request for its Net-Metering Facility to be grandfathered for twenty years. Staff evaluated the request for compliance with Arkansas statutory requirements and the Commission’s Net-Metering Rules and recommended approval of the request.

This matter is pending before the Commission.

Docket No. 20-013-U Bank OZK (OZK)

In April 2020, OZK submitted its Application requesting authority to operate a solar renewable generating facility in excess of 1,000 kilowatt (kW), but not more than 5,000 kW as a Net- Metering Facility, and requested its Net-Metering Facility to be grandfathered for twenty years. The rated capacity of the facility was 3,700 kW (ac). Staff evaluated the request for compliance with Arkansas statutory requirements and the Commission’s Net-Metering Rules and recommended approval of the request.

This matter is pending before the Commission.

Docket No. 20-015-U Central Arkansas Water (CAW)

In April 2020, CAW submitted its Application requesting authority to operate a solar renewable generating facility in excess of 1,000 kilowatt (kW), but not more than 5,000 kW as a Net- Metering Facility, and requested its Net-Metering Facility to be grandfathered for twenty years. The rated capacity of the facility was 3,700 kW (ac). Staff evaluated the request for compliance with Arkansas statutory requirements and the Commission’s Net-Metering Rules and recommended approval of the request.

The Commission approved the Application, with grandfathering, in December 2020. Docket No. 20-016-U Producers Rice Mill (Producers)

In April 2020, Producers submitted its Application requesting authority to operate a solar renewable generating facility in excess of 5,000 kilowatt (kW), but not more than 20,000 kW as a Net-Metering Facility, and requested its Net-Metering Facility to be grandfathered for twenty years. The rated capacity of the facility was 20,000 kW (ac). Staff evaluated the request for compliance with Arkansas statutory requirements and the Commission’s Net-Metering Rules and recommended approval of the request.

This matter is pending before the Commission.

Docket No. 20-018-U City of Forrest City (Forrest City)

In May 2020, Forrest City submitted its Application requesting authority to operate an additional solar renewable generating facility in excess of 1,000 kilowatt (kW), but not more than 5,000 kW as a Net-Metering Facility, when combined with its existing 1,000 kW Net- Metering Facility for a total of 1,692 kW within a given utility service territory. The rated capacity of the additional Net-Metering Facility was 692 kW (ac). Forrest City also requested its additional Net-Metering Facility to be grandfathered for twenty years. Staff evaluated the request for compliance with Arkansas statutory requirements and the Commission’s Net- Metering Rules and recommended approval of the request.

This matter is pending before the Commission.

Docket No. 20-019-U Stuttgart School District (SSD)

In June 2020, SSD submitted its Application requesting authority to operate an additional solar renewable generating facility in excess of 1,000 kilowatt (kW), but not more than 5,000 kW as a Net-Metering Facility, when combined with its existing 1,000 kW Net-Metering Facility for a total of 1,154 kW within a given utility service territory. The rated capacity of the additional Net-Metering Facility was 154 kW (ac). SSD also requested its additional Net-Metering Facility to be grandfathered for twenty years. Staff evaluated the request for compliance with Arkansas statutory requirements and the Commission’s Net-Metering Rules and recommended approval of the request.

This matter is pending before the Commission. Docket No. 20-032-U Ozark Mountain Regional Public Water Authority (OMRPWA)

In June 2020, OMRPWA submitted its Application requesting authority to operate an additional solar renewable generating facility in excess of 1,000 kilowatt (kW), but not more than 5,000 kW as a Net-Metering Facility, when combined with its existing 1,000 kW Net- Metering Facility for a total of 1,585 kW within a given utility service territory. The rated capacity of the additional Net-Metering Facility was 585 kW (ac). OMRPWA also requested its additional Net-Metering Facility to be grandfathered for twenty years. Staff evaluated the request for compliance with Arkansas statutory requirements and the Commission’s Net- Metering Rules and recommended approval of the request.

This matter is pending before the Commission.

Docket No. 20-036-U Searcy Board of Public Utilities (Searcy Board)

In July 2020, Searcy Board submitted its Application requesting authority to operate an additional solar renewable generating facility in excess of 1,000 kilowatt (kW), but not more than 5,000 kW as a Net-Metering Facility, when combined with its existing 1,000 kW Net- Metering Facility for a total of 3,750 kW within a given utility service territory. The rated capacity of the additional Net-Metering Facility was 2,750 kW (ac). Searcy Board also requested its additional Net-Metering Facility to be grandfathered for twenty years. Staff evaluated the request for compliance with Arkansas statutory requirements and the Commission’s Net-Metering Rules and recommended approval of the request.

This matter is pending before the Commission.

Docket No. 20-038-U Bearskin Farm Partnership (Bearskin)

In July 2020, Bearskin submitted its Application requesting authority to operate a solar renewable generating facility in excess of 1,000 kilowatt (kW), but not more than 5,000 kW as a Net-Metering Facility, and requested its Net-Metering Facility to be grandfathered for twenty years. The rated capacity of the facility was 2,100 kW (ac). Staff evaluated the request for compliance with Arkansas statutory requirements and the Commission’s Net-Metering Rules and recommended approval of the request.

This matter is pending before the Commission. Docket No. 20-047-U City of Stuttgart (Stuttgart)

In August 2020, Stuttgart submitted its Application requesting authority to operate an additional solar renewable generating facility in excess of 1,000 kilowatt (kW), but not more than 5,000 kW as a Net-Metering Facility, when combined with its existing 750 kW Net- Metering Facility for a total of 2,153 kW within a given utility service territory. The rated capacity of the additional Net-Metering Facility was 1,403 kW (ac). Stuttgart also requested its additional Net-Metering Facility to be grandfathered for twenty years. Staff evaluated the request for compliance with Arkansas statutory requirements and the Commission’s Net- Metering Rules and recommended approval of the request.

This matter is pending before the Commission.

Docket No. 20-055-U Arkansas Community Correction

In October 2020, Arkansas Community Correction submitted an Application requesting authority to construct a solar renewable generating facility in excess of 1,000 kilowatt (kW), but not more than 5,000 kW as a Net-Metering Facility. The rated capacity of the Net- Metering Facility is 2,250 kW (ac). Arkansas Community Correction also requested the rate structure for its Net-Metering Facility be grandfathered for twenty years. Staff evaluated the request for compliance with Arkansas statutory requirements and the Commission’s Net- Metering Rules and recommended approval of the request.

This matter is pending before the Commission.

Docket No. 20-062-U Pulaski County, Arkansas

In December 2020, Pulaski County, Arkansas submitted an Application requesting authority to construct two solar renewable generating facilities that will operate as Net-Metering Facilities. The combined capacity of both facilities, 4,875 kilowatt (kW) (ac), is in excess of 1,000 kW, but not more than 5,000 kW. The generating capacity of the first facility is rated at 250 kW (ac). The second facility is rated at 4,625 kW (ac). Pulaski County, Arkansas also requested the rate structure for both Net-Metering Facilities to be grandfathered for twenty years. Staff evaluated the request for compliance with Arkansas statutory requirements and the Commission’s Net-Metering Rules and recommended approval of the request.

This matter is pending before the Commission.

Docket No. 19-011-U Brantley & Sons, Inc.

In March 2020, Brantley & Sons, Inc. requested grandfathering of its Net-Metering Facility. Staff evaluated the request for compliance with Arkansas statutory requirements and the Commission’s Net-Metering Rules and recommended approval of the request.

This matter is pending before the Commission.

OMMISSION-INITIATED DOCKETS ELECTRIC DOCKETS

Docket No. 20-023-TF Entergy Arkansas, LLC (EAL)

On May 19, 2020, EAL submitted a request for approval of administrative tariff changes, including the withdrawal of its Rate Schedule No. 49, Capacity Acquisition Rider (Rider CA), without prejudice, pursuant to the terms of the Partial Settlement Agreement approved in Docket No. 19-019-U and the associated administrative update to remove Rider CA from the Excluded Schedules listing in Rate Schedule No. 44, Formula Rate Plan Rider (Rider FRP). Additionally, EAL proposed to add Rate Schedule No. 46, Internal Restructuring Credit Rider, to the Rider FRP Excluded Schedule listing to correct an administrative oversight in a prior docket.

On June 11, 2020, the Commission approved EAL’s application.

Docket No. 20-027-U Walmart Inc.

On May 20, 2020, Walmart filed an Application for Approval to Bid Demand Response into the Wholesale Electricity Markets Through an Aggregator of Retail Customers. In this Application, Walmart requests Commission approval for approximately 60 stores subject to Commission jurisdiction and located within the Midcontinent Independent System Operator (MISO) service territory, as well as any stores that may be added in the future, to participate in wholesale Demand Response (DR) programs offered by MISO. Walmart also requests that the Commission find that it is in the public interest for Walmart to utilize the services of an Aggregator of Retail Customers (ARC) to facilitate its participation in DR with MISO.

In Order Nos. 1, 2, 3, and 4, the Commission granted intervention as a party in this Docket to Voltus, Inc., Entergy Arkansas, LLC (EAL), Arkansas Electric Cooperative Corporation (AECC), and Advanced Energy Management Alliance (AEMA), respectively.

This matter is pending before the Commission.

Docket No. 20-028-U In The Matter Of Entergy Arkansas, LLC's Request to Defer Pension Expenses Associated With Pension De-Risking

On May 28, 2020, EAL submitted its Request to Defer Pension Expenses resulting from pension participants exercising their option to receive their retirement benefits in a lump sum payment. Rather than the required accounting treatment of expensing the unrecognized losses immediately, EAL requested approval to establish a regulatory asset and amortize the regulatory asset or liability over the period in which those expenses otherwise would be recorded had the immediate recognition not occurred.

In June 2020, Staff filed Direct Testimony recommending approval of EAL’s request with certain additional ratepayer protections.

In July 2020, after EAL filed a letter in response stating that it did not oppose Staff’s recommendations, the Commission approved EAL’s request, with Staff’s additional requirements.

Docket No. 20-034-U Entergy Arkansas, LLC (EAL)

On June 6, 2020, EAL submitted an application to issue certain securities to address the Company’s general financing needs. Direct Testimony and Exhibits of Steven C. McNeal, Vice President and Treasurer, were filed with EAL’s application. The Attorney General (AG) of Arkansas submitted a letter to be an active party in this docket.

Staff filed Direct Testimony on July 31, 2020. On August 4, 2020, the AG submitted a written notice stating the AG would not be filing testimony in this docket. On August 7, 2020, the ALJ approved the recommendations of Staff.

EAL submitted compliance reports on October 7, 2020.

Docket No. 20-045-TF The Empire District Electric Company (Empire)

On August 17, 2020, Empire submitted a filing seeking the Commission’s approval to conduct business by a fictitious name (Liberty-Empire). The filing also included revised tariff schedules reflecting the fictitious name for approval by the Commission. The Direct Testimony and Exhibits of Phillip B. Gillam were filed on August 17, 2020 on behalf of Empire. Empire filed an errata to the Tariff Docket Summary Cover Sheet to correct Mr. Gillam’s name and email address.

On September 2, 2020, Empire submitted a letter regarding a revision to page 36 of the tariff. Staff filed Direct Testimony on September 3, 2020.

The Commission rendered Order No. 1 on September 9, 2020 approving the tariffs as filed on August 17, 2020. On March 3, 2021, Empire, d/b/a Liberty-Empire, submitted supplemental testimony of Phillip B. Gillam and corrected Attachment A and B pages of Rate Schedule No. 24.

Staff filed supplemental testimony in response to Empire on March 8, 2021.

This matter is pending before the Commission.

Docket No. 20-058-TF Entergy Arkansas, LLC (EAL)

In October 2020, EAL filed its annual update to the Grand Gulf Rider (Rider GGR). The Rider GGR 2021 revenue requirement is approximately $132.5 million.

The Commission approved the revised Rider GGR rates to be effective for the first billing cycle in January 2021.

Docket No. 20-063-TF The Empire District Electric Company d/b/a Liberty-Empire (EDE)

On November 18, 2020, EDE submitted a request seeking approval for modifications to certain provisions in its tariffs to accommodate the deployment of Advanced Metering Infrastructure (AMI) in its Arkansas jurisdiction.

This matter is pending before the Commission.

Docket No. 19-008-U Southwestern Electric Power Company (SWEPCO)

In February 2019, SWEPCO filed an Application for Approval of a General Change in Rates and Tariffs. On November 20, 2019, the Commission approved a Settlement Agreement with modifications. This docket remains open for annual filings of redetermined rates.

In March 2020, SWEPCO submitted an annual redetermination of its Energy Cost Recovery Rider Energy Cost Rate to be effective in April 2020.

On November 25, 2020, SWEPCO submitted a notice, pursuant to the Unanimous Modified Settlement Agreement, explaining the Company’s decision to retire the Dolet Hills Power Station after the completion of the seasonal operation period of 2021. SWEPCO anticipates this closure to take place no later than December 31, 2021.

Docket No. 19-017-TF Oklahoma Gas and Electric Company (OG&E)

In April 2020, OG&E filed an Application to update its Rate Schedule No. FRP, Formula Rate Plan Rider (Rider FRP), pursuant to Order No. 10 in Docket No. 18-046-FR, which required OG&E to revise its Rider FRP tariff to eliminate Projected Year Schedules and information pursuant to the terms of the Settlement Agreement approved for OG&E’s second annual Rider FRP filing.

The Commission approved the proposed tariff changes in April 2020 by Order No. 3.

Docket No. 19-020-TF Entergy Arkansas, LLC (EAL)

On May 9, 2019, EAL submitted an Application for Approval of a Rider to Recover Certain Payments Arising from Federal Energy Regulatory Commission (FERC) Opinion No. 565 and Related Orders (Application). In its Application, EAL requested that the Commission authorize the recovery of $135,036,834 through the FERC-Imposed Payment Recovery Rider.

On July 1, 2020, by Order No. 12, the Commission denied EAL’s Application as being barred under the collateral estoppel aspect of res judicata and further denied it because it was not in the public interest. EAL was directed to refund to its retail ratepayers the FERC-determined overcollection of $13,709,000, plus interest, within 30 days.

On July 30, 2020, in Order No. 15, the Commission approved EAL's request to use Rider PCA to refund its retail customers the Bandwidth Refund totaling $15,466,957 for the one-month billing period of August 2020.

On July 31, 2020, EAL submitted a Petition for Rehearing which was denied by Order. No. 16 on August 13, 2020.

Docket No. 19-055-U Implementation of Act 464 of 2019 and the Modification of Net-Metering Tariffs

In September 2019, the General Staff of the Commission submitted an Application to request that the Commission order all jurisdictional electric utilities with a Net-Metering tariff to promptly file an updated Net-Metering tariff to reflect the noncontroversial or not subject to debate provisions of Act 464 of 2019, which became effective July 24, 2019. Staff also requests that the Commission order all jurisdictional electric utilities to promptly process all interconnection requests under the Net-Metering Statute.

In November 2019, by Order No. 4, the Commission directed the utilities to file a revised Net- Metering tariff that conformed to Act 464.

All utilities filed revised tariffs which were ultimately approved by the Commission in January 2020. Also in January 2020, Entergy Arkansas, LLC and the Office of the Attorney General, filed separate appeals with the Arkansas Court of Appeals. In addition, multiple petitions for rehearing of multiple Commission Orders have been filed during 2020.

This matter is pending before the Commission.

Docket No. 18-014-TF Entergy Arkansas, LLC (EAL)

In February 2018, EAI filed an Application requesting approval of its proposal to establish the Tax Adjustment Rider (Rider TA) to provide retail customers with certain tax benefits associated with the Tax Cut and Jobs Act of 2017 (TCJA).

In December 2020, after concluding its true-up, EAL filed a request to set all rate classes to zero in 2021, with any residual amounts to be included in its Energy Cost Recovery Rider.

On December 29, 2020, based on the testimony and exhibits filed herein, the Commission approved the revisions to Rider TA in its Order No. 9.

Docket No. 18-048-TF Southwestern Electric Power Company (SWEPCO)

In January 2020, SWEPCO filed it request that its revised Federal Tax Credit Adjustment Rider (Rider FTCA) be approved to be effective only during the March 2020 billing month to refund a true-up amount, primarily based on Excess Accumulated Deferred Income Tax (ADIT) amount from American Electric Power Company, Inc.’s consolidated 2017 amended income tax return compared to estimated amounts SWEPCO refunded previously. The FTCA Factors will be set to zero after the March 2020 billing month.

In February 2020, Staff recommended approval in its Compliance Testimony and the Commission approved SEPCO’s revised Rider FTCA for March 2020

Docket No. 18-055-TF The Empire District Electric Company (EDE)

Pursuant to the Commission’s Order No. 6 in Docket No. 18-006-U, EDE filed a separate rider to effectuate the refund of any reduction in revenue requirement not addressed elsewhere.

On January 16, 2020, EDE filed an errata to its December 31, 2019 Compliance filing.

On January 28, 2020, on the basis of the Direct Testimony and Revised Tax Adjustment Rider (Rider TA) filed by EDE's witness, and the Compliance Testimony of Staff’s witness, the Commission approved EDE's proposed revisions to Rider TA.

In December 2020, EDE filed its annual redetermination of its Rider TA in compliance with the tariff along with supporting testimony of its witness.

This matter is pending before the Commission.

Docket No. 18-069-U Entergy Arkansas, LLC (EAL)

In October 2017, Entergy Arkansas, Inc. submitted an Application for approval for authorization to issue First Mortgage Bonds or enter into one or more financing transactions involving issuing debentures or entering into loan agreements, credit facilities or other like instruments, which may be secured by either assets not subject to the lien of the Mortgage or collateralizing First Mortgage Bonds, between the date of entry of an approving Order in this docket and not later than December 31, 2020. The Company requests the authority to issue up to $854,287,000 in New Secured Debt and up to $2,855,713,000 in Redemption Secured Debt during the authorization period.

After reviewing the Company’s Application and supporting Testimony, Staff filed testimony in November 2018 recommending the Commission approve the Company’s request. The Company’s Application was approved in Order No. 2 issued November 27, 2018.

On April 8, 2019, EAL filed a Compliance Report in this Docket stating that on March 19, 2019, EAL issued $350,000,000 aggregate principal amount of its First Mortgage Bonds bearing interest at an annual rate of 4.2 percent. The net proceeds from the issuance were approximately $344,412,000 after the deduction for underwriting discounts and commissions and estimated offering expenses payable by EAL. Under Order No. 2 issued in this Docket, $504,287,000 remains authorized until December 31, 2020.

On April 13, 2020, EAL submitted its Financing Compliance Report regarding the March 18, 2020 issuance of $100,000,000 aggregate principal amount of First Mortgage Bonds.

Docket No. 17-052-U Entergy Arkansas, LLC (EAL)

On September 22, 2017, Entergy Arkansas, Inc. (EAI) filed a Motion for Protective Order of Non-Disclosure and notified the Commission of its intent to file an application requesting the Commission issue an order approving a proposed internal restructuring of EAI and granting related relief. On October 4, 2017, the Commission approved the Company’s request by issuing Interim Protective Order No. 1. EAI submitted its Application for Approval of Proposed Restructuring and for Related Relief along with the supporting testimonies of its witnesses on November 17, 2017.

On November 22, 2017, the Arkansas Electric Energy Consumers (AEEC) was granted permission to intervene in the docket by Order No. 2.

On July 16, 2018, the Settling Parties filed a Joint Motion to Approve Settlement Agreement, Excuse Witnesses, and Waive Hearing. On July 19, 2018, Order No. 5 cancelled the hearing.

In Order No. 6 on August 23, 2018, the Commission found that the restructuring was consistent with the public interest. The new entity, Entergy Arkansas, LLC (EAL) will be solely responsible for the costs of the restructuring and all other rules, regulations, agreements, and orders that were in effect for the former entity, EAI.

In Order No. 7 filed on November 29, 2018, the Commission found that the Internal Restructuring Credit Rider (Rider IRCR) which was filed by EAI on November 1, 2018, was reasonable and in the public interest. The Rider IRCR would provide a guaranteed bill credit to all EAI customers totaling $6.6 million annually for a period of six years beginning in 2019 for a total credit of $39.6 million.

In November 2019, EAL submitted its Rate Schedule No. 46, Rider IRCR, with rates to be effective for all bills rendered on and after the first billing cycle of January 2020.

In December 2019, Staff filed testimony recommending approval of Rate Schedule No. 46. On December 20, 2019, the Commission issued Order No. 8 approving the tariffs filed by EAL to become effective after the first billing cycle of January 2020.

In October 2020, EAL submitted its Rate Schedule No. 46, Rider IRCR, with rates to be effective for all bills rendered on and after the first billing cycle of January 2021.

Staff filed Compliance Testimony on December 15, 2020.

The Commission found, in Order No. 9, that Rider IRCR is not in compliance with Order No. 40 in Docket No. 16-036-FR. Therefore, the Commission disapproved the tariffs filed by EAL on October 30, 2020 and directed EAL to filed revised tariffs with accompanying testimony and workpapers.

Staff filed Amended Compliance Testimony on December 18, 2020.

In Order No. 10, the Commission found that Rate Schedule No. 46 (Rider IRCR) was in compliance with Order No. 6 in this docket, reasonable, and in the public interest. Therefore, the tariffs filed on October 30, 2020 became effective for bills rendered on and after the first billing cycle of January 2021, which was December 31, 2020.

Docket No. 16-052-U Oklahoma Gas and Electric Company (OG&E)

In August 2016, OG&E filed an Application for Approval of Changes in Rates for Retail Electric Service. On May 18, 2017, the Commission issued Order No. 8 approving a Settlement Agreement. This docket remains open for annual filings of redetermined rates for several riders.

In March 2020, OG&E submitted an annual redetermination of its Energy Cost Recovery Rider Energy Cost Rates to be effective in April 2020.

In March 2020, OG&E submitted an annual redetermination of its Transmission Cost Recovery (TCR) Rider Rates. In May 2020, the Commission approved the revised TCR Rider Rates in Order No. 16 to be effective June 2020.

In September 2020, OG&E submitted annual, informational updates related to its Renewable Energy Program tariff rates to be effective January 1, 2021.

In November 2020, OG&E submitted its annual, informational updates related to its Load Reduction Rider tariff rates to be effective April 2021.

Docket No. 16-053-U The Empire District Electric Company d/b/a Liberty-Empire (EDE)

On July 21, 2016, EDE filed an Application seeking approval of proposed Rate Schedule No. 24, Riverton Rider, designed to recover the non-fuel revenue requirement associated with the investment in Riverton 12 Natural Gas Combined Cycle Generating Unit. The expenses and investment recovered by the Riverton Rider are directly related to the conversion of the older Riverton 12 unit from a simple cycle natural gas-fired unit to a combined cycle unit.

On October 25, 2016, the Commission approved the Application in Order No. 5, finding that the construction and conversion was reasonable and in the public interest.

In February 2020, EDE filed its annual update to the Riverton Rider with a revenue requirement of $616,424. The Commission approved EDE‘s revised Riverton Rider rates to be effective for the first billing cycle of April 2020.

Docket No. 16-060-U Entergy Arkansas, LLC (EAL)

On September 19, 2016, EAL filed an Application seeking an Order from the Commission finding the deployment of Advanced Metering Infrastructure (AMI), including the removal and retirement of existing meters and installation of new advanced meters and supporting systems and equipment throughout its service territories in Arkansas was in the public interest.

On August 11, 2017, the Parties filed a Joint Motion to approve a Settlement Agreement, which supported EAL’s proposal to install new advanced meters and supporting systems to be in the public interest. The Settlement Agreement provided for the Parties to work cooperatively to develop a comprehensive customer education program and new tariffs that take advantage of the upgraded technology. The Settlement Agreement also identified annual reporting requirements for EAL to report on specific metrics related to AMI deployment, with the initial report due by the end of April 2019. The Commission approved the Settlement Agreement in October 2017.

On January 29, 2020, the Commission issued Order No. 13, directing EAL to file a status report on the development of EAL's Time of Use (TOU) program and a timeline for submission of a final program to the Commission within thirty (30) days and every thirty days until a program was proposed. EAL filed monthly status reports in February through June 2020. On June 10, 2020, EAL filed a proposed Rate Schedule No. 58, Peak Time Rebate (PTR) Pilot tariff in compliance with Order Nos. 8 and 13. EAL also stated that it would file a status report on or by December 4, 2020, to update the Commission on the various efforts and results of the pilot and the related surveying efforts. The Commission approved the PTR Pilot tariff by Order No. 15 issued on July 10, 2020. On December 4, 2020, EAL filed a status report on the performance of the PTR Pilot program.

Docket No. 15-015-U Entergy Arkansas, LLC (EAL)

In April 2015, EAL filed an Application for Approval of Changes in Rates for Retail Electric Service. On February 23, 2016, the Commission issued an Order approving a Settlement Agreement with modifications. This docket remains open for annual filings of redetermined rates for several riders.

In March 2020, EAL submitted an annual redetermination of its Energy Cost Recovery Rider Energy Cost Rate to be effective in April 2020.

In June 2020, EAL filed an update for the annual redetermination of its Production Cost Allocation Rider (Rider PCA). Because of the small impact of the 2020 update, EAL proposed to reduce the effective period of the update to one month, July 2020, and requested Commission approval to deviate from Section 48.4 of the tariff for this limited purpose and only in connection with the 2020 Rider PCA update. Thereafter, the rates would be set to zero for all rate classes from August 2020 through June 2021. On June 25, 2020, by Order No. 33, the Commission approved EAL’s request.

In October 2020, EAL submitted an annual redetermination of its Midcontinent Independent System Operator, Inc. Rider rates. The Commission approved the revised rates on December 17, 2020, to become effective in the first billing cycle of January 2021.

In November 2020, EAL submitted an annual redetermination of its Capacity Cost Recovery Rider rates. The Commission approved the revised rates on December 29, 2020, to become effective in the first billing cycle of January 2021.

Docket No. 15-034-U Oklahoma Gas and Electric Company (OG&E)

In May 2019, OG&E filed Direct Testimony in support of a request for approval of an interim surcharge pursuant to Act 310 of 1981, as amended, seeking recovery of investments and expenditures reasonably incurred in order to comply with certain provisions of the Federal Clean Air Act.

On February 28, 2020, the Commission issued Order No. 16 establishing a briefing schedule to address an issue raised in OG&E’s Formula Rate Plan docket.

On July 31, 2020, after initial and reply briefs by the parties, the Commission issued Order No. 17 disapproving recovery through Act 310 and requiring OG&E to refund any prior collections in accordance with a partial settlement. Subsequent filings of Direct and Compliance Testimony by both OG&E and Staff were made to effectuate the refund, as approved by Commission Order.

On February 28, 2020, the Commission issued Order No. 16 establishing a briefing schedule to address an issue raised in OG&E’s Formula Rate Plan docket.

Subsequent filings of Direct and Compliance Testimony by both OG&E and Staff were made to effectuate the refund, as approved by Commission Order.

Docket No. 13-111-U The Empire District Electric Company (EDE)

In December 2013, EDE filed an Application for Approval of a General Increase in Rates for Retail Electric Service. On September 26, 2014, the Commission approved rates to recover a revenue requirement of $9,221,853. Several rate riders that provide for annual adjustments were also approved. This docket remains open for annual filings of redetermined rates for those riders.

In March 2020, EDE submitted its annual redetermination of the Energy Cost Recovery Rider Energy Cost Rate to be effective in April 2020.

In April 2020, EDE filed its annual redetermination of rates for the Transmission Cost Recovery Rider (TCR Rider). In May 2020, the TCR Rider rates were approved.

Docket No. 10-008-U Entergy Arkansas, LLC (EAL)

On October 28, 2020, EAL submitted its Attachment A to Storm Recovery Charges Rider (Rider SRC), which sets the rates for all classes to $0.00 per kWh or kW as applicable after making its final bond payment in May 2020. EAL explained that pursuant to Rider SRC’s true-up mechanism defined in Section 50.3 of the tariff, EAL calculated a quarterly rate for the months of July to September 2020 to account for any true-up amounts associated with all storm recovery bonds and on-going financing costs. The quarterly true-up amount was calculated to be a $2.9 million credit to customers over the three-month period. However, due to an administrative error, EAL continued to credit customers though it’s Rider SRC during the billing month of October, which resulted in an over-crediting to customers’ bills. EAL proposes to reevaluate any remaining true-up balance in the first quarter of 2021 due to the complication of the pandemic-related arrears balances and to allow for any cancel/rebill amounts to flow through the customer accounting system.

Docket No. 07-138-TF Entergy Arkansas, LLC (EAL)

On February 14, 2020, EAL filed an Application seeking approval of its annual update to Rate Schedule No. 43-Federal Litigation Consulting Fee (FLCF) Rider.

On March 3, 2020, the Commission approved the FLCF Net Monthly rate to become effective in April 2020.

Docket No. 98-172-U Southwestern Electric Power Company (SWEPCO)

On May 18, 2020, SWEPCO submitted its annual report of 2017, 2018, and 2019 Annual Performance Measures and Standards for the System Average Interruption Frequency Index, the System Average Interruption Duration Index, and the Customer Average Interruption Index for its Arkansas customers.

Docket No. 96-341-U Entergy Arkansas, LLC (EAL)

In October 1996, Entergy Arkansas, Inc. (EAI) and Staff filed a Joint Motion requesting the Commission’s adoption of proposed Decommissioning Trust Fund Guidelines for Arkansas Nuclear One (ANO) Steam Electric Generating Station Units Nos. 1 and 2. This docket was established in order to separate the investment of the decommissioning trust funds from the decommissioning cost studies and annual decommissioning rate updates, which will continue to be filed under Docket No. 87-166-TF.

In March 1997, Arkansas Electric Cooperative Corporation became a Party to the Joint Motion. Order No. 3 approved the Decommissioning Trust Fund Guidelines proposed by the joint applicants. From 1997 forward, EAI has filed quarterly Decommissioning Trust Fund Reports for this docket.

EAL filed the required Trust Fund Reports in March, May, August, and November 2019.

EAL filed the required ANO Decommissioning Trust Fund Reports in March, May, August, and November of 2020.

Docket No. 87-166-TF Entergy Arkansas, LLC (EAL)

EAL files annually, on or about November 1, an analysis and recommendation regarding Rate Schedule No. 37, the Arkansas Nuclear One Decommissioning Cost Rider (Rider NDCR). Rider NDCR provides for recovery of funds, which will be used to decommission Arkansas Nuclear One (ANO) Units 1 and 2 in the future. The analysis compares projected future decommissioning trust fund balances to projected future decommissioning costs for each unit. Any estimated shortfalls in the trust fund balances will result in a collection of funds through the Rider NDCR during the upcoming calendar year. If a surplus of funds over costs is projected, the Rider NDCR may be suspended for the upcoming calendar year. The current operating licenses for ANO Units 1 and 2, as granted by the Nuclear Regulatory Commission, extend through 2034 and 2038, respectively.

This docket provides for a decommissioning cost study to be performed and filed with the Commission every five years. In March 2019, EAL filed its Motion for Approval of Revised Estimate of ANO Decommissioning Costs (Motion), which included a revised estimate to decommission Units One and Two and was supported by the Direct Testimony of William Cloutier, Manager of Decommissioning Services at TLG Services, Inc. Among the recommendations included in the Motion were to increase the estimate to decommission the two Units from $1.676 billion (2014 estimate) to $2.007 billion.

In July of 2019, Staff filed Direct Testimony and Exhibits, which identified several deficiencies in EAL’s March filing, most notably an improperly applied inflation factor for use in cost escalation. Staff made several recommendations including an adjustment to this cost escalator, which the Company accepted and filed an amended Motion.

In August 2019, the parties filed a Joint Motion to Approve Settlement Agreement and Cancel Hearing.

On October 9, 2019, the Commission issued Order No. 69 finding the Settlement Agreement was just and reasonable and in the public interest.

On November 1, 2019, EAL submitted a revised Attachment A to Rider NDCR containing rate adjustments to be effective for billing months January 2020 to December 2020. The rate impact of the proposed adjustments was an increase to the revenue requirement of $5.03 million. Staff’s review of the revised Attachment A revealed a misapplication of data by EAL, which was relayed to the Company. The Company filed an amended Attachment A to Rider NDCR containing rates, which resulted in a decrease to the revenue requirement of $2.05 million. On December 13, 2019, the Commission issued Order No. 70 approving the amended rates.

EAL submitted Rate Schedule No. 37 on October 30, 2020, including the Direct Testimony of Scott M. Celino, Manager, Fuel and Special Riders.

Staff filed Direct Testimony on December 14, 2020.

In Order No. 71, the Commission found that EAL’s Amended ANO Decommissioning Cost Rider NDCR as filed on October 30, 2020 is consistent with the public interest, and therefore approved the tariff rates as set forth therein.

ELECTRIC CONSTRUCTION DOCKETS

Docket No. 19-023-U Arkansas Electric Cooperative Corporation (AECC)

In July 2019, AECC filed an Application for a Certificate of Environmental Compatibility and Public Need (CECPN) to construct, own, and operate transmission facilities in Van Buren and Cleburne Counties. AECC proposed a new 161 kilowatt (kV) Switching Station in Cleburne County, a 25.8 mile, double circuit 161-69 kV transmission line, including two Navigable Water Crossings. AECC has not received approvals needed from the United States Army Corps of Engineers for the Navigable Water Crossings.

The Commission approved the CECPN in October 2019 but withheld approval of the Petition for the Navigable Water Crossings until AECC files the appropriate approvals, which were still pending as of year-end 2020.

ELECTRIC CUSTOMER RELEASE DOCKETS

Docket No. 20-017-A Southwestern Electric Power Company (SWEPCO)

In April 2020, SWEPCO filed an Application requesting a formal release of facilities from Carroll Electric Cooperative Corporation (CECC). CECC states that it is more economically feasible for SWEPCO to serve the customer, and that CECC is agreeable to the release. SWEPCO indicated its willingness to serve the customer.

The Commission approved the Application in June 2020.

Docket No. 20-030-A Entergy Arkansas, LLC (EAL)

In June 2020, EAL filed an Application requesting a formal release of a hunting lodge from First Electric Cooperative Corporation (FECC). FECC states its closet facilities are located 3,100 feet from the service location, while EAL has facilities closer at 2,290 feet. FECC is agreeable to the release, and EAL indicated its willingness to serve the customer.

The Commission approved the Application in June 2020.

Docket No. 20-041-A Woodruff Electric Cooperative Corporation (WECC)

In July 2020, WECC filed an Application requesting a formal release of two irrigation wells from Entergy Arkansas, LLC (EAL). WECC has facilities located within 100 feet of each well, while EAL’s facilities would have to cross private lands and require traversing a railroad crossing. EAL is agreeable to the release and WECC indicated its willingness to serve the customer.

The Commission approved the Application in July 2020.

Docket No. 20-054-A Woodruff Electric Cooperative Corporation (WECC)

In October 2020, WECC filed an Application requesting a formal release of an irrigation well from Entergy Arkansas, LLC (EAL). WECC has facilities located within 30 feet of the well, while EAL’s facilities are one-half mile from the service location. EAL is agreeable to the release and WECC indicated its willingness to serve the customer.

The Commission approved the Application in December 2020. Docket No. 20-059-A Southwestern Electric Power Company (SWEPCO)

In October 2020, SWEPCO filed an Application requesting a formal release of two customers from Arkansas Valley Electric Cooperative Corporation (AVECC). AVECC is inadvertently serving two customers in SWEPCO’s service territory, despite not having a formal release. AVECC is agreeable to the release and SWEPCO indicated its willingness to serve the customers.

The Commission approved the Application in December 2020.

Docket No. 20-065-A Ozarks Electric Cooperative Corporation (Ozarks)

In December 2020, Ozarks filed an Application requesting a formal release of two customers from Southwestern Electric Power Company (SWEPCO). The property where the customers reside is located within SWEPCO territory but is closer to Ozarks’ distribution system. SWEPCO was agreeable to the release and Ozarks indicated its willingness to serve the customers.

This matter is pending before the Commission.

Docket No. 20-069-A Ozarks Electric Cooperative Corporation (Ozarks)

In December 2020, Ozarks filed an Application requesting a formal release of a customer from Carroll Electric Cooperative Corporation (Carroll). The property where the customer resides is located within Carroll territory but is closer to Ozarks’ distribution system. Carroll was agreeable to the release and Ozarks indicated its willingness to serve the customer.

This matter is pending before the Commission.

Docket No. 19-070-A Entergy Arkansas, LLC (EAL)

In December 2019, EAL filed an Application requesting a formal release of a hunting lodge from First Electric Cooperative Corporation (FECC). FECC’s closest facilities are located 2,700 feet from the service location, while EAL has facilities within 300 feet. EAL indicated its willingness to serve the customer and FECC’s willingness to release.

The Commission approved the Application in March 2020.

Docket No. 19-072-A First Electric Cooperative Corporation (FECC)

In December 2019, FECC filed an Application requesting a formal release of a residence from Entergy Arkansas, LLC (EAL). EAL’s closest facilities are located 2.5 miles from the service location. Due to the distance and expense of EAL’s extension, EAL is agreeable to the release. FECC indicated its willingness to serve the customer.

The Commission approved the Application in April 2020.

NATURAL GAS DOCKETS

Docket No. 20-024-U Black Hills Energy Arkansas, Inc. (BHEA)

In May 2020, BHEA submitted an application for a Certificate of Environmental Compatibility and Public Need (CECPN) to construct and operate a natural gas pipeline in Benton County. Upon review, Staff filed testimony supporting the request. In November 2020, the Commission granted BHEA’s request for a CECPN.

This matter is pending before the Commission.

Docket No. 20-033-U Arkansas Oklahoma Gas Corporation, Inc

In June 2020, Arkansas Oklahoma Gas Corporation submitted an application for authorization to cross a navigable waterway. Upon review, Staff filed testimony supporting the request. In August 2020, the Commission granted Arkansas Oklahoma Gas Corporation’s request for permission and authority to replace, operate, and maintain the navigable waterway crossing.

This matter is pending before the Commission.

Docket No. 20-039-U Texas Eastern Transmission, LP (TET)

In July 2020, TET submitted a petition for approval to replace a navigable river crossing in Miller County. Upon review, Staff filed testimony supporting the request. In July 2020, the Commission granted request for permission to replace, operate, and maintain the navigable water crossing. In November 2020, TET filed a Verified Amended Petition to Replace a Navigable River Crossing. Upon review of TET’s filing of Supplemental Testimony and Amended Exhibits, Staff filed supplemental Testimony supporting the amended petition. In February 2021, the Commission approved TET Amended Petition.

This matter is pending before the Commission.

Docket No. 20-051-U CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Arkansas Gas (CEA) In the Matter of the Application of CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Arkansas Gas (CEA) for Approval of an Asset Management Agreement

On October 29, 2020, CEA requested approval of an Asset Management Agreement with Enable Gas Transmission, LLC (EGT) wherein CEA releases its capacity under its gas storage and capacity contracts to an asset manager, who then manages gas supply and delivery arrangements for the Company. When the released capacity is not needed to serve the Company’s customers, the asset manager may enter into transactions that maximize the value of the pipeline capacity and negotiate beneficial transactions in the gas commodity markets. CEA proposed to continue sharing AMA revenues with customers.

On December 10, 2020, both Staff and the AG recommended approval of the AMA; however, both parties opposed the sharing of AMA revenues and the AG also recommended that the Commission require CEA to evaluate the effect on the proposed AMA of any future sale of CEA or any other gas utility of CenterPoint Energy Inc. and if the proposed AMA is approved, the Commission order that customers of CEA are to be held harmless from any negative effects of the AMA that occur as a result of any sale of CEA or any other gas utility of CenterPoint Energy Inc. to support corporate financing needs for growth of electric services in Indiana and Texas.

On December 22, 2020, CEA filed its Rebuttal Testimony explaining how the proposed sharing aligns the interests of the Company and its customers, and addressing the AG’s additional recommendations.

This matter is currently pending before the Commission.

Docket No. 20-060-U CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Arkansas Gas (CEA)

In the matter of the Application of CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Arkansas Gas (CEA) for a Certificate of Environmental Compatibility and Public Need (CECPN) to construct, operate, and maintain a Natural Gas Pipeline in Pulaski County, Arkansas. On October 23, 2020, CEA submitted its Application for a CECPN to construct and operate one segment of pipeline in Little Rock and unincorporated Pulaski County, Arkansas, which will provide natural gas for the Amazon Fulfillment Facility being constructed.

On December 1, 2020, Staff filed its Direct Testimony recommending approval of CEA’s CECPN

based on the requirements of Arkansas Code Annotated § 23-18-501, et seq., the Commission’s Rules of Practice and Procedure 6.03, 6.06, and 6.08, the Arkansas Gas Pipeline Code, exhibits and testimony filed herein, conversations with CEA personnel, and a site visit to the proposed route of the proposed pipeline.

This matter is currently pending before the Commission

Docket No. 19-068-U Black Hills Energy Arkansas, Inc. (BHEA)

Pursuant to Act 310 of 1981, as amended, BHEA filed an interim rate schedule for the application of a surcharge on its customers' bills to recover expenditures that BHEA asserted it has reasonably incurred as a direct result of legislative or regulatory requirements relating to the protection of the public health, safety, or the environment, along with Direct Testimony.

Direct Testimony was filed in April 2020, Rebuttal and Surrebuttal Testimony was filed in May 2020, and Sur-Surrebuttal Testimony was filed in June 2020.

Order No 5 granted a Joint Motion to cancel the hearing and decide the case based on the existing record.

The Commission issued Order No. 6 in December 2020 approving BHEA’s Act 310 Rider with certain amendments.

On December 22, 2020, BHEA filed Notice of its Act 310 Rider to recover additional expenditures that BHEA asserted it has reasonably incurred as a direct result of legislative or regulatory requirements relating to the protection of the public health, safety, or the environment, along with Direct Testimony.

This matter is pending before the Commission.

Docket No. 18-007-U Black Hills Energy Arkansas, Inc. (BHEA)

In January 2018, BHEA submitted an application for a Certificate of Environmental Compatibility and Public Need (CECPN) to construct and operate a natural gas pipeline in Benton County. Upon review, Staff filed testimony supporting the request. In June 2018, the Commission approved the request of BHEA. In January 2019, BHEA submitted an Application for Amendment to the CECPN. Upon review of BHEA’s filing of Supplemental Testimony and Amended Exhibits, Staff filed supplemental testimony supporting the amended application. In February 2019, the Commission approved the Application of Amendment.

The Commission closed this Docket on October 9, 2020.

Docket No. 18-034-U CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Arkansas Gas (CEA)

In June 2018, CEA submitted an application for a Certificate of Environmental Compatibility and Public Need (CECPN) to construct and operate a natural gas pipeline in Faulkner County. Upon review, Staff filed testimony supporting the request. In October 2019, CEA submitted a Motion to Reopen Proceeding for Additional Landowners Notifications and the docket was reopened by the Commission. Upon review of CEA’s filing of Supplemental Testimony and Amended Exhibits, Staff filed supplemental Testimony supporting the amended application. In May 2020, the Commission approved the Motion to Reopen Proceeding for Additional Landowners Notifications.

This matter is pending before the Commission.

Docket No. 18-053-TF Arkansas Oklahoma Gas Corporation (AOG)

Pursuant to the Commission’s Order No. 6 in Docket No. 18-006-U, AOG filed a separate rider to effectuate the refund of any excess Accumulated Deferred Income Tax and reduction in revenue requirement not addressed elsewhere. On December 30, 2019, AOG filed its revised Tax Adjustment Rider (Rider TA), Exhibit B.

Upon the filing of Supplemental Direct Testimony by AOG and Compliance Testimony by Staff, the Commission issued Order No. 4 in January 2020 approving AOG’s revised Rider TA filed in December 2019 nunc pro tunc for January 2020 and required certain revisions to the tariff be filed.

AOG filed its updated Rider TA along with Supplemental Compliance Testimony in February, followed by Staff Compliance Testimony, and the Commission’s approval in March 2020.

AOG filed its updated Rider TA along with Direct Testimony in November. AOG subsequently filed a Motion to Waive Hearing and temporarily suspend its proposed tariffs. In Order No. 6, the Commission granted AOG’s Motion and suspended AOG’s proposed rate determination and Second Revised tariff filed on November 13, 2020.

AOG filed its revised Rider TA along with Supplemental Testimony in December.

Staff’s Compliance Testimony was filed in December 2020, followed by the Commission’s Order No. 7 approving AOG’s revised Rider TA.

Docket No. 18-057-U CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Arkansas Gas (CEA)

On October 1, 2018, CEA filed an Application for approval of its upstream pipeline services contracting process and resulting pipeline contract with Enable Gas Transmission, LLC (EGT). This filing was made pursuant to the settlement agreement approved by the Commission in the Company’s 2017 Formula Rate Plan proceeding where the Company agreed to seek approval of the process/contract related to the replacement of its upstream pipeline service agreements due to expire in 2021.

On June 27, 2019, the Commission issued an Order finding that CEA’s renegotiated contracts with EGT were reasonable and directed CEA to, no later than three years before the expiration of the upstream services contracts at issue in the instant Docket, initiate a docket to consider whether renewal of the contracts should be pursuant to competitive bidding or negotiated contracts and, if the former, to begin the process of soliciting competitive bids. The Commission also required CEA to file copies of the final executed contracts, including an attestation that the rates, terms, and conditions are unchanged from the proposals approved in this Docket.

On October 1, 2020, CEA filed Supplemental Testimony in compliance with the Commission’s Order to explain and attest that the final contracts materially contain the same rates, terms, and conditions as the pro forma contracts that were attached to the precedent Agreement approved by the Commission.

Docket No. 17-011-U Black Hills Energy Arkansas, Inc. (BHEA) In the Matter of the Application of Black Hills Energy Arkansas for a Variance From Rule 7.04(A)(1) and Rule 7.04(B)(2)(A) of the Arkansas Public Service Commission's Special Rules-Gas

In July 2020, BHEA filed for approval to continue the variance to Rule 7.04(A)(1) of the Special

Rules – Gas that the Commission previously authorized on a trial basis, with one small modification to the process of developing meter lot populations and a proposed change to the annual reporting timeline.

On October 16, 2020, Staff filed its Direct Testimony recommending approval of BHEA’s request, including an additional page of information in the annual meter testing report.

On October 19, 2020, the Commission approved BHEA’s request to make its variance permanent, subject to the Commission’s Orders in the COVID-19 Docket (20-012-A); approves BHEA’s request to implement the use of a base year along with meter make and model to develop lot populations beginning with calendar year 2021; and approves BHEA’s request to extend the due date of the annual meter testing report by one month.

Docket No. 15-031-U Black Hills Energy Arkansas, Inc. (BHEA)

On August 23, 2019, BHEA filed an Application for Approval of an Exception to the Settlement Agreement (Agreement). BHEA is requesting an exception to the Agreement to permit the Company to carry out any work required by any rules, regulations, or laws of any state or federal agency or regulatory body governing natural gas storage without having to first seek the permission of the Commission. On September 27, 2019, the Commission approved exception requested by BHEA and directed the Company to file an annual Storage Integrity Management Plan Report.

On February 14, 2020, pursuant to the application approved in Order No. 10, BHEA filed its 2019 Storage Integrity Management Program Annual Report.

WATER DOCKETS

Docket No. 20-020-TF Liberty Utilities (Pine Bluff Water) Inc. (Liberty-Pine Bluff)

On August 19, 2020, Liberty Utilities (Pine Bluff Water) Inc. requested approval of tariffs to reflect a fictitious name, Liberty-Pine Bluff. This filing was accompanied by Direct Testimony and Exhibits of Phillip B. Gillam.

Liberty Utilities submitted new tariff schedules to be effective November 1, 2020 reflecting the requested fictitious name, Liberty-Pine Bluff.

Staff filed Direct Testimony and Exhibit on September 3, 2020.

In Order No. 1, the Commission approved the revised tariffs as filed on August 19, 2020, which replaced the tariffs approved in Docket No. 14-020-U.

Docket No. 19-015-U Liberty Utilities (Pine Bluff Water) Inc. (Liberty-Pine Bluff)

On April 4, 2019, the Attorney General (AG) filed an Application seeking a declaratory order from the Commission finding that Liberty Utilities, its affiliates, subsidiaries, and joint operations is a public utility as the term is defined by Arkansas statute, determining and clarifying the jurisdictional scope of Liberty’s regulated operations, the initiation of a process to establish just and reasonable rates, and consequent remedial action for any willful violation of Arkansas law, including the failure to obtain a Certificate of Public Necessity and Convenience (CCN) and for the unapproved acquisition or merger of a domestic public utility system.

On March 16, 2020, the Parties filed a Settlement Agreement with the Commission requesting that the Commission approve the Agreement as a reasonable resolution of all the issues raised in the AG’s Amended Application.

On April 16, 2020, the Commission ruled that the Pine Bluff Water and White Hall Water systems are not intra-connected and are not being operated as one water utility and approved the Settlement Agreement.

Docket No. 19-064-U Liberty Utilities (Arkansas Water) Corp. (LUAW)

On November 8, 2019, LUAW filed a petition with the Commission to become a regulated public utility and for a Certificate of Public Convenience and Necessity (CCN) to own and operate water and sewer facilities.

On August 7, 2020, a Settlement Agreement was filed that resolves all the issues raised in this docket and reasonably addresses LUAW’s request for a Commission order declaring it to be a public utility, approving on an interim basis the rates currently charged by it, and issuing a CCN to allow LUAW to operate as a public utility under the jurisdiction of the Commission and to own and operate the utility facilities formerly held by Liberty Utilities (White Hall Water) Corp., Liberty Utilities (White Hall Sewer) Corp., and Liberty Utilities (Woodson-Hensley Water) Corp. water and sewer facilities. The Agreement also contained a remediation and compliance plan to be filed by the Company within sixty (60) days of the issuance of a Commission addressing issues related to Unaccounted for Water, Water Production Records, Recordkeeping related to APSC Special Water Rules, and strict adherence to all other Commission Rules & Regulations.

On October 7, 2020, the Commission issued an Order approving the Settlement Agreement, granting LUAW a CCN to operate as a water and sewer utility, approving LUAW’s tariffs and requiring LUAW to strictly comply with the provisions of the Agreement, especially the provisions that provide for improved regulatory performance (including compliance with Commission Rules), timely filing of, and conformance to, a remediation and compliance plan, and maintaining and providing access to accurate business records.

On December 7, 2020, LUAW submitted its Remediation and Compliance Plan pursuant to Order No. 4.

Docket No. 18-054-TF Liberty Utilities (Pine Bluff Water) Inc. (Liberty-Pine Bluff)

Pursuant to the Commission’s Order No. 6 in Docket No. 18-006-U, Liberty-Pine Bluff filed a separate rider to effectuate the refund of any reduction in revenue requirement not addressed elsewhere.

In December 2019, Liberty-Pine Bluff filed its annual revisions to its Tax Adjustment (Rider TA) until new base rates become effective which reflect the decreased tax expense.

On January 28, 2020, based on the testimony and exhibits filed by Liberty-Pine Bluff and Staff, the Commission approved the revisions to Rider TA in its Order No. 4. In December 2020, Liberty-Pine Bluff filed its annual revisions to its Rider TA until new base rates become effective which reflect the decreased tax expense. Staff filed Compliance Testimony recommending approval.

This matter is pending before the Commission.

SEWER DOCKETS

Docket No. 19-064-U Liberty Utilities (Arkansas Water) Corp. (LUAW)

On October 7, 2020, the Commission issued an Order approving the Settlement Agreement, granting LUAW a Certificate of Public Convenience and Necessity (CCN) to operate as a water and sewer utility.

See Docket No. 19-064-U under the Water Dockets Section for more information regarding this docket.

TELECOMMUNICATIONS DOCKETS

ELIGIBLE TELECOMMUNICATIONS CARRIERS (ETCs)

During 2020, the following applications for release of designation as an ETC and for designation as an ETC were considered.

Docket No. 20-002-U Southwestern Bell Telephone Company (SWBT)

In January 2020, SWBT submitted an Application requesting release of its ETC designation in selected areas of its operation where there were other ETCs offering services.

The Commission granted the Application in April 2020.

Docket No. 20-046-U OzarksGo, LLC

OzarksGo, LLC submitted a Petition requesting expanded designation as an ETC in August 2020 in order to be eligible to receive support through the Federal Lifeline program.

The request is pending before the Commission.

Docket No. 20-070-U WAVE Rural Connect, LLC

WAVE Rural Connect, LLC submitted a Petition requesting expanded designation as an ETC in December 2020 in order to be eligible to receive support through the Rural Digital Opportunity Fund auction.

This request is pending before the Commission. Docket No. 20-071-U MCEC Fiber, Inc.

MCEC Fiber, Inc. submitted an Application requesting designation as an ETC in December 2020 in order to be eligible to receive support through the Rural Digital Opportunity Fund auction.

This request is pending before the Commission.

Docket No. 20-072-U Cox Arkansas Telcom, LLC

Cox Arkansas Telcom, LLC, submitted a Petition requesting designation as an ETC in December 2020 in order to be eligible to receive support through the Rural Digital Opportunity Fund auction.

This request is pending before the Commission.

Docket No. 20-073-U Petit Jean Fiber, LLC

Petit Jean Fiber, LLC, submitted an Application requesting designation as an ETC in December 2020 in order to be eligible to receive support through the Rural Digital Opportunity Fund auction.

This request is pending before the Commission.

CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY (CCNs), INTERCONNECTION AGREEMENTS, AND NUMBERING RESOURCES

Docket No. 20-003-U Communications Venture Corporation d/b/a INdigital

In February 2020, Communications Venture Corporation d/b/a INdigital filed an Application for a CCN to provide telephone service in Arkansas.

Commission approved the Application in July 2020, for the Applicant to provide local and intrastate interexchange telecommunications services as a CLEC.

Docket No. 20-004-U Simwood, Inc.

In February 2020, Simwood, Inc. filed an Application for a CCN to provide telephone service in Arkansas.

Commission approval is pending in this application.

Docket No. 20-009-U Branch Communications, LLC

In April 2020, Branch Communications, LLC filed an Application for a CCN to provide telephone service in Arkansas.

Commission approval is pending in this application.

Docket No. 20-011-U The CenturyLink Companies.

In April 2020, the CenturyLink companies filed requesting approval of an Interconnection Agreement with Communications Venture Corporation.

The Commission approved the Interconnection Agreement in June 2020.

Docket No. 20-022-U E. Ritter Telephone Company, LLC d/b/a Ritter Communications and Tri-County Telephone Company, LLC d/b/a Ritter Communications

In May 2020, Ritter Communications filed an Application for a Waiver of Rule 9.07 B of the Telecommunications Provider Rules regarding publishing telephone directories.

The Commission approved the Waiver in July 2020.

Docket No. 20-035-U Simwood, Inc.

In July 2020, Simwood, Inc. filed an Application for approval of an Interconnection Agreement with Southwestern Bell Telephone Company.

The Commission approved the Interconnection Agreement in August, 2020.

Docket No. 20-040-U Central Arkansas Telephone, Inc.

In July 2020, Central Arkansas Telephone Cooperative, Inc. filed an Application for approval of an Interconnection Agreement with Teleport Communications America, LLC.

The Commission approved the Interconnection Agreement in August 2020.

Docket No. 20-042-U Arkwest Communications, Inc.

In July 2020, Arkwest Communications, Inc. filed an Application for approval of an Interconnection Agreement with Teleport Communications America, LLC.

The Commission approved the Interconnection Agreement in October 2020. Docket No. 20-043-U Madison County Telephone Company, Inc.

In July 2020 Madison County Telephone Company Inc. filed an Application for approval of an Interconnection Agreement with Teleport Communications America, LLC.

The Commission approved the Interconnection Agreement in August 2020.

Docket No. 20-044-U Southwestern Bell Telephone Company

In July 2020, Southwestern Bell Telephone Company filed an Application for approval of an Interconnection Agreement with Branch Communications, LLC.

The Commission approved the Interconnection Agreement in August 2020.

Docket No. 20-066-U Communications Venture Corporation d/b/a INdigital

In December 2020, Communications Venture Corporation d/b/a INdigital filed an Application for approval of an Interconnection Agreement with Southwestern Bell Telephone Company.

The Application is pending before the Commission.

TRANSPORTATION NETWORK COMPANY (TNC) DOCKETS

During 2020, there were two companies operating as a TNC in the state and no new applications were filed for authority to operate as a TNC.

SECTION 5 - COMMISSION REVIEW OF UTILITY

OPERATION S

In addition to performing investigations in conjunction with dockets initiated at the s ongoing investigations of natural gas pipeline safety, utility quality of service, and the use of adjustment clause recovery mechanisms, as outlined below.

COMPLIANCE AUDITS

Under the authority of Arkansas Code Annotated §23-4-108, public utilities apply adjustment clauses, as approved by the Commission, to certain charges collected from ratepayers. Electric and gas utilities currently apply adjustments to the charges recovered from their ratepayers underlying costs reflected in these adjustments to ensure that the adjustment amounts and

ELECTRIC QUALITY OF SERVICE REVIEWS

of the electric cooperatives and investor- owned utilities to ensure compliance with the Commission’s General Service Rules and its Special Rules - Electric. Quality of service is measured against the standards established by the Commission in those rules. The standards cover items such as the acceptable range of secondary voltages provided to customers; the minimization of electrical conductive and including pole ident members also examine complaint and outage records, meter testing facilities, and utility complaints of inadequate service.

GAS PIPELINE SAFETY INSPECTIONS

Pursuant to an agreement, the U.S. Department of Transportation and the authority granted numerous intrastate natural gas operators and master metered gas systems for quality control of operating safety, gas leakage, and control of corrosion. The inspections evaluate gas operator compliance with the Arkansas Gas Pipeline Code. Accidents related to natural gas are investigated and reports are prepared to ensure compliance with all Commission standards of quality and safety.

During 2020 42 pipeline safety inspections and 111 inspections of master meter systems. Corrections of reported deficiencies are monitored until completed. In addition to required inspections, the d technical assistance investigating customer complaints of inadequate service quality.

TELECOMMUNICATIONS QUALITY OF SERVICE REVIEWS

s ongoing evaluations of the quality of service provided by both Incumbent and Competitive Local Exchange Carriers in Arkansas. The Commission’s Telecommunications Providers Rules establish standards in areas that include: 1) noise and loss associated with customer lines and network circuits; 2) capacity and operations of switching machines; 3) methods and quality of new construction; 4) responses to requests for service connection; 5) restoration of service; and 6) general maintenance of facilities.

inadequate service.

SECTION 6 - CONSUMER SERVICES

During 2020, 17,661 Arkansas customers contacted the Commission’s Consumer Services Section regarding utility issues. Of the 17,661 contacts, 1,257 or 7 percent, were classified as informal complaints. Twenty six percent of the contacts were customers requesting information or referral to another agency. Referrals to utilities, 5 percent of the contacts, were made consistent with the requirement of Arkansas Code Annotated §23-3-119 that “every complainant shall, before filing a complaint, make a good faith e ort to informally resolve with the respondent the situation complained of.”

Although complaints represent only 7 percent of all contacts through Consumer Services, they require significant amounts of time and resources. Complaints involve numerous contacts with utility personnel and St members, as well as extensive research to ensure compliance with Commission rules and approved Many also require additional technical analysis, field investigation, and written reports. Billing complaints continue to represent the greatest portion of complaints for each industry, followed by complaints regarding service quality and requests for service.

FORMAL COMPLAINTS

Docket No. 20-010-C Bryan Moery, Pete Moery and Caney Creek Farms Partnership (The Partnership)

In April 2020, The Partnership filed a formal complaint against Woodruff Electric Cooperative Corporation in connection with its Net-Metering Facility.

In May 2020, The Partnership withdrew the complaint.

Docket No. 20-014-C Paschal Enterprises Inc. d/b/a Thomas Fence (Paschal)

In April 2020, Paschal filed a formal complaint against Southwestern Electric Power Company (SWEPCO) alleging that SWEPCO was not marking its facilities per Arkansas One-Call.

This matter is pending before the Commission. Docket No. 20-021-C Pete Moery Farms and Caney Creek Farms Partnership II (The Partnership)

In May 2020, The Partnership filed a formal complaint against Woodruff Electric Cooperative Corporation in connection with its Net-Metering Facility.

This matter is pending before the Commission.

Docket No. 20-029-C In the Matter of a Complaint Filed by Charles Kovak and Loretta Kovak Against North Arkansas Electric Cooperative, Inc. (NAECI)

On June 8, 2020, former customers, Charles and Loretta Kovak, filed a complaint against NAECI requesting the Commission order NAECI to refund the capital credits owed to them for the years they were customers of NAECI. On June 24, 2020, NAECI filed its response to the Complaint and requested the Complaint be dismissed.

This matter is pending before the Commission.

COMPLIANCE REVIEWS

Consumer Services fields numerous calls from utility personnel with questions regarding proper application of the Commission’s General Service Rules (GSR). Since 2010, Consumer Services has published a quarterly newsletter for the customer service personnel of the utilities. Each newsletter highlights a specific section of the Commission’s GSR and Telecommunications Provider Rules and the proper application to utility customers and other current topics of interest. The rules and topics are determined by the number of customer complaints and questions from utilities received by Consumer Services.

Two newsletters were published in 2020 covering the topics of customer relations, the COVID- 19 suspension moratorium, and the deposit interest rate for 2021.

INFORMAL COMPLAINT SUMMARY

The following tables provide the total written and verbal informal complaints by type and by industry for 2020.

WRITTEN INFORMAL COMPLAINTS

VERBAL INFORMAL COMPLAINTS

ELECTRIC INDUSTRY - INFORMAL COMPLAINTS

GAS INDUSTRY - INFORMAL COMPLAINTS

WATER INDUSTRY - INFORMAL COMPLAINTS

TELEPHONE INDUSTRY - INCUMBENT AND COMPETITIVE LOCAL EXCHANGE CARRIERS (ILECs AND CLECs) - INFORMAL COMPANIES

TELEPHONE INDUSTRY - INTEREXCHANGE CARRIERS (IXCs) AND PRIVATE PAY TELEPHONE PROVIDERS (PPTPs) - INFORMAL COMPLAINTS

SECTION 7 - FEDERAL AGENCY AND FEDERAL COURT ACTIVITY

FEDERAL ENERGY REGULATORY COMMISSION (FERC)

The Arkansas Public Service Commission (APSC) participates in proceedings before the FERC and the federal courts that ect federal-state jurisdictional oversight, cost allocation, and related issues.

Listed below are the federal proceedings in which the APSC participated in 2020.

ELECTRIC INDUSTRY

Docket No. EL21-12 Voltus, Inc. (Voltus) vs. Midcontinent Independent System Operator, Inc. (MISO)

On October 20, 2020, Voltus, an Aggregator of Retail Customers (ARCs) filed a Complaint against MISO at FERC. The Complaint alleges that MISO tariff provisions authorizing states to bar ARCs from participating in MISO’s demand response (DR) wholesale markets are invalid. For relief, Voltus requests that FERC find MISO’s existing tariff provisions are invalid and direct MISO to disregard certain state actions that invalidly seek to block ARCs from participating in MISO. Voltus also requests that FERC issue a rulemaking eliminating the ability of state commissions to prohibit ARCs from participating in DR wholesale markets.

On October 27, 2020, APSC intervened in this matter. On November 19, 2020, MISO and a number of other parties filed Motions to Dismiss and/or Protests. On December 4, 2020, Voltus filed an Answer in response to the pending Motions to Dismiss/Protests.

This proceeding is pending before the FERC.

Docket No. ER21-142 System Energy Resources, Inc. (SERI)

On October 19, 2020, Entergy Services, on behalf of SERI, filed a proposed amendment to the Unit Power Sales Agreement (UPSA). The proposed amendment will add formula rate protocols to the UPSA, which was recommended by the presiding judge in Docket No. EL18- 152’s Initial Decision. On October 27, 2020, APSC intervened in this matter.

On December 22, 2020, FERC issued a letter order accepting SERI’s proposed amendment. Docket No. ER21-129 System Energy Resources, Inc. (SERI)

On October 16, 2020, Entergy Services, on behalf of SERI, filed a proposed amendment to the Unit Power Sales Agreement (UPSA) to reflect a recent resolution between Entergy Corp and the Internal Revenue Service (IRS) related to an uncertain tax position adopted by SERI in 2015. This UPSA amendment will provide a one-time credit to customers of $17.7 million in Excess Accumulated Deferred Income Tax (EADIT). On October 27, 2020, APSC intervened in this matter. On November 6, 2020, the Retail Regulators filed a Joint Protest.

This proceeding is pending before the FERC.

Docket No. ER21-117 System Energy Resources, Inc. (SERI)

On October 15, 2020, Entergy Services, on behalf of SERI, filed a proposed amendment to the Unit Power Sales Agreement (UPSA) to reflect a recent resolution between Entergy Corp and the Internal Revenue Service (IRS) related to an uncertain tax position adopted by SERI in 2015. This UPSA amendment will reduce rate base by establishing an ongoing credit for Accumulated Deferred Income Tax (ADIT). The credit to rate base will result in an annual reduction in SERI’s revenue requirement of $2.8 million and over $68 million over the expected life of Grand Gulf.

On October 27, 2020, APSC intervened in this matter. On November 5, 2020, the Retail Regulators filed a Joint Protest and Motion to Reject, or in the Alternative, Motion to Suspend. On December 7, 2020, SERI filed an amendment to its tariff filing.

This proceeding is pending before the FERC.

Docket No. EL20-72 Louisiana Public Service Commission (LPSC)

On September 21, 2020, LPSC, APSC, City of New Orleans (CNO), and Mississippi Public Service Commission (MPSC) filed a complaint against System Energy Resources, Inc. (SERI) for various tariff violations, accounting errors, and filed rate violations related to the errors. On November 20, 2020, SERI filed an Answer.

This proceeding is pending before the FERC. Docket No. ER20-2591 Midcontinent Independent System Operator, Inc. (MISO)

On July 31, 2020, MISO filed revisions to its Open Access Transmission, Energy, and Reserve Markets Tariff. MISO seeks to clarify registration and other processes related to the Aggregator of Retail Customers’ participation in MISO wholesale markets. APSC intervened on September 1, 2020. On December 18, 2020, FERC issued an order accepting MISO’s tariff revisions.

Docket No. ER20-1724 Midcontinent Independent System Operator, Inc. (MISO)

On April 30, 2020, MISO filed revisions to its tariffs concerning regional cost allocations. This is MISO’s third attempt at asking FERC to accept these revisions; this time, MISO has dropped discussion of allocations for Local Economic Projects. APSC intervened on May 29, 2020.

On July 28, 2020, FERC issued an order accepting MISO’s tariff revisions. On August 27, 2020, LSP Transmission Holdings II, LLC (LSP) filed a Request for Rehearing, which was denied by FERC on September 28, 2020. LSP has sought review of FERC’s order before the U.S. Court of Appeals for the D.C. Circuit.

This proceeding is pending before the FERC.

Docket No. EL20-42 New England Ratepayers Association (NERA)

On April 14, 2020, the NERA filed a Petition for a Declaratory Order, asking FERC to hold that it has exclusive jurisdiction over net-metering. APSC intervened on April 30, 2020; a number of other retail regulators have intervened as well.

On July 16, 2020, FERC issued an order denying NERA’s Petition.

Docket No. EL20-19 Midcontinent Independent System Operator, Inc. (MISO)

On January 21, 2020, a coalition of MISO Transmission Customers, along with several other entities, filed a complaint against MISO, alleging that the current allocation of Baseline Reliability Projects is unjust and unreasonable. On February 7, 2020, APSC intervened.

On July 28, 2020, FERC issued an order denying the coalition’s Complaint, holding that they failed to demonstrate that the current allocation of Baseline Reliability Projects is unjust and unreasonable. The coalition of MISO Transmission Customers has sought review of FERC’s order before the U.S. Court of Appeals for the D.C. Circuit.

This proceeding is pending before the FERC.

Docket Nos. ER20-857 and ER20-862 Midcontinent Independent System Operator, Inc. (MISO)

On January 21, 2020, MISO made two filings concerning revisions of MISO tariffs regarding regional and interregional cost allocations. These filings represent MISO’s second attempt at asking FERC to accept these revisions. On February 19, 2020, APSC intervened.

On March 20, 2020, FERC issued an order rejecting MISO’s tariff revisions. On April 20, 2020, the MISO Transmission Owners filed a Request for Rehearing, which was granted by FERC on May 19, 2020. On July 28, 2020, FERC upheld its March 20, 2020 order. The MISO Transmission Owners have sought review of FERC’s order before the U.S. Court of Appeals for the D.C. Circuit.

This proceeding is pending before the FERC.

Docket Nos. EL19-90; EL19-91; EL19-92 ISO New England (ISO-NE), Inc.; PJM Interconnection, LLC (PJM); and Southwest Power Pool, Inc. (SPP)

On October 17, 2019, FERC issued an order instituting proceedings to consider whether ISO- NE, PJM, and SPP have been implementing the exemption for immediate need reliability projects in a manner that is inconsistent with what FERC directed. APSC intervened on November 1, 2019, along with a number of other parties.

On June 18, 2020, FERC issued a series of orders finding that PJM’s implementation of the exemption for immediate need reliability projects is unjust and unreasonable. That same day, FERC issued orders terminating the proceedings against ISO-NE and SPP.

On October 16, 2020, one of the parties to the proceeding, LSP Transmission Holdings, LLC, filed a Petition for Review in the US Court of Appeals for the D.C. Circuit.

This proceeding is pending before the FERC. Docket No. ER20-42 Midcontinent Independent System Operator (MISO)

On October 4, 2019, MISO submitted proposed revisions to its Open Access Transmission, Energy and Operating Reserve Market Tariffs, regarding the market procurement of Short- Term Reserve. APSC has intervened in this Docket. A number of other parties have filed comments and/or protests.

On January 31, 2020, FERC issued an order accepting the tariff changes.

Docket No. EL19-79 Midcontinent Independent System Operator (MISO)

On June 4, 2019 LSP Transmission Holdings filed a Complaint against MISO for deficiencies in its Market Efficiency Project Planning. APSC intervened on June 21, 2019. A number of other parties have filed comments and/or protests.

On July 28, 2020, FERC issued an order denying the Complaint. A number of parties filed Requests for Rehearing, which were denied by FERC in an order issued on December 3, 2020.

This proceeding is pending before the FERC.

Docket No. EL19-60 Southwestern Electric Power Company (SWEPCO) and Midcontinent Independent System Operator (MISO)

On April 5, 2019, the City of Prescott, Arkansas filed a Section 206 complaint against SWEPCO and MISO, alleging that the Amended Power Supply Agreement between the parties contains unjust, unreasonable, and discriminatory provisions. APSC intervened on April 23, 2019.

On September 19, 2019, FERC issued an order establishing hearing and settlement judge procedures. A settlement judge has been designated for this Docket and settlement proceedings are ongoing. On February 27, 2020, the settlement judge certified an uncontested offer of settlement. On March 5, 2020, the Chief Administrative Law Judge (ALJ) terminated settlement judge procedures. On August 27, 2020, FERC issued an order 1) requesting briefing on various issues; 2) establishing a technical conference to take place after the briefs are filed; and 3) requesting comments after the technical conference.

This proceeding is pending before the FERC. Docket No. EL19-62 Southwest Power Pool (SPP)

On April 12, 2019, the City Utilities of Springfield, Missouri (City) filed a Section 206 complaint against SPP. The City alleged that the cost allocation method utilized in SPP’s Open Access Transmission Tariff affirmatively harms the City by allocating costs that vastly exceeds benefits. APSC intervened on April 23, 2019.

On August 12, 2019, FERC issued an order denying the City’s Complaint against SPP. On September 11, 2019, the City filed a Request for Rehearing and Clarification of FERC’s Order. FERC granted the Request on October 11, 2019. On January 23, 2020, FERC issued an order clarifying its August 12, 2019 order.

Docket No. EL19-50 Entergy Services, LLC (ESL)

On February 27, 2019, Louisiana Public Service Commission (LPSC) filed a complaint against ESL, alleging that Entergy Arkansas (EAL) engaged in sales of low-cost energy to unaffiliated third parties from 2000 to 2005 in violation of the Entergy System Agreement. LPSC contends that these “Packaged Sales” benefited EAL’s shareholders to the detriment of its ratepayers. This complaint is related to the issues previously litigated in FERC Docket No. EL09-61, which concerned EAL’s opportunity sales from baseload during 2000 to 2009. APSC intervened in this matter on March 6, 2019; Mississippi Public Service Commission (MPSC) and the City of New Orleans (CNO) have intervened as well.

On March 19, 2019, APSC filed a protest, while EAL filed an Answer and Motion to Dismiss. On November 21, 2019, FERC issued an order denying LPSC’s Complaint, holding that the Complaint was barred by a 2015 Settlement Agreement between the parties. On December 20, 2019, LPSC filed a Request for Rehearing. On January 21, 2020, FERC issued an order granting LPSC’s Request for Rehearing. On July 16, 2020, FERC issued an order upholding its November 21, 2019 order. On September 11, 2020, LPSC filed a Petition for Review in the U.S. Court of Appeals for the D.C. Circuit.

This proceeding is pending before the FERC.

Docket No. ER19-211 Entergy Services, LLC (ESL)

On October 29, 2018, ESL filed an unexecuted Joint Ownership and Operating Agreement (JOOA). The JOOA identifies the terms and conditions pursuant to which the Entergy Operating Companies will jointly own undivided interests in two Transmission Control Centers (TCCs) and pursuant to which ESL will continue to provide TCCs operations and maintenance services to the Entergy Operating Companies. The APSC has intervened, as have the Louisiana Public Service Commission (LPSC), the Mississippi Public Service Commission (MPSC), and the Council of the City of New Orleans (CNO).

On November 19, 2018, both LPSC and MPSC filed protests alleging that the JOOA conflicts with the Entergy Service Agreements already in place. MPSC also filed a motion to consolidate this Docket with Docket No. EC19-18. On December 4, 2018, ESL filed a response to the protests, the LPSC filed a reply in support of the MPSC’s protest, and ESL filed a response opposing the MPSC’s motion to consolidate.

On September 30, 2019, FERC issued an order accepting the JOOA to become effective on the date the Entergy Operating Companies acquire undivided ownership interests in the TCCs from ESL.

On October 30, 2019, MPSC and APSC filed a Joint Request for Clarification or in the Alternative, Rehearing, essentially asking the Commission to clarify that retail regulators have the authority to recover portions of the TCCs costs at retail. That same day, LPSC filed a Request for Rehearing. On November 14, 2019, MPSC and APSC filed a Joint Motion for Leave to Respond, opposing LPSC’s Request for Rehearing. On November 26, 2019, FERC issued an order granting the Requests for Rehearing. On April 16, 2020, FERC issued an order upholding its September 30, 2019 order.

Docket No. EC19-18 Entergy Services, LLC (ESL)

On October 29, 2018, ESL made a filing concerning the transfer of ownership interests in two Transmission Control Centers from ESL to the Entergy Operating Companies. The APSC intervened in this matter, as have the Louisiana Public Service Commission (LPSC), the Mississippi Public Service Commission (MPSC), and the Council of the City of New Orleans (CNO).

On November 19, 2018, both LPSC and MPSC filed protests alleging that ESL had failed to demonstrate that the proposed ownership transfer will not have an adverse e ect on rates at both the wholesale and retail levels. MPSC also filed a motion to consolidate this Docket with Docket No. ER19-211. On December 4, 2018, ESL filed a response opposing the MPSC’s motion to consolidate and an answer to the protests.

On September 30, 2019, FERC issued an order authorizing the proposed transaction as consistent with the public interest.

On October 30, 2019, MPSC and APSC filed a Joint Request for Clarification or in the Alternative, Rehearing, essentially asking the Commission to clarify that retail regulators have the authority to recover portions of the Transmission Control Centers (TCCs) costs at retail. That same day, LPSC filed a Request for Rehearing. On November 26, 2019, FERC issued an order granting the Requests for Rehearing.

On April 16, 2020, FERC issued an order upholding its September 30, 2019 order.

Docket No. EL18-204 Louisiana Public Service Commission (LPSC)

On September 24, 2018, the LPSC filed a complaint against System Energy Resources, Inc. (SERI), claiming that SERI’s current capital structure is unjust given that it includes an equity ratio of 66 percent. Over time, this complaint has been consolidated with two prior complaints that challenged SERI’s Return on Equity (ROE).

On October 3, 2018, the APSC intervened in this matter. On October 15, 2018, SERI filed a motion to dismiss the complaint, arguing that LPSC had previously litigated this issue. On October 30, 2018, LPSC filed an answer to SERI’s motion to dismiss. On November 13, 2018, SERI filed a reply in response to LPSC’s answer. On December 4, 2018, the LPSC filed a reply to SERI’s reply.

On January 17, 2019, FERC denied SERI’s motion to dismiss, and set the complaint for hearing and settlement procedures. On June 18, 2019, the settlement judge issued a final report recommending termination of settlement procedures. On June 20, 2019, the Chief Administrative Law Judge (ALJ) terminated settlement procedures.

On March 18, 2020, the Chief ALJ issued an order appointing a settlement judge over this proceeding. After settlement proceedings failed, a hearing was held the week of September 29, 2020. On November 16, 2020, the Parties filed their separate Initial Post-Hearing Briefs. On December 16, 2020, the Parties each filed their separate Post-Hearing Reply Briefs.

This proceeding is pending before the FERC.

Docket No. EL18-152 Louisiana Public Service Commission (LPSC)

On May 18, 2018, the LPSC filed a complaint against System Energy Resources, Inc. (SERI), alleging that it violated the filed rate and the FERC ratemaking and accounting requirements in billing the costs of Grand Gulf Sale/Leaseback renewals through the formula rate contained in the Unit Power Sales Agreement (UPSA) between SERI and its companies. On May 29, 2018, the APSC intervened in this docket.

On June 28, 2018, SERI filed a motion to dismiss, arguing that LPSC had not demonstrated a prima facie case of imprudence.

On September 20, 2018, FERC issued an order denying SERI’s motion to dismiss. On September 28, 2018, the Chief Administrative Law Judge (ALJ) appointed a Settlement Judge. After convening a settlement conference, the Settlement Judge recommended that the case be set for hearing and for the hearing proceeding to be initiated under a Track III schedule.

On November 27, 2018, the Chief ALJ issued an order adopting these recommendations and designating a Presiding Judge. A hearing was held from November 12, 2019 to November 26, 2019.

On April 6, 2020, the presiding judge issued an Initial Decision, holding that the 2015 renewal of the Sale-Leaseback was unjust and unreasonable and that SERI must refund portions of the rental payments back to ratepayers. The judge also found that SERI’s removal of the FIN 48 ADIT from rate base was unjust and unreasonable and that SERI must refund $334 million plus interest back to the ratepayers.

On June 22, 2020, SERI, FERC Trial Staff, and LPSC each filed separate Briefs on Exceptions to the Initial Decision. On September 22, 2020, SERI filed a motion requesting that the Chief ALJ take notice of the recent IRS ruling affecting SERI’s FIN 48 ADIT. On October 21, 2020, the Retail Regulators filed an Opposition Motion in response to SERI’s Motion. That same day, FERC Trial Staff filed an Answer opposing the Motion. On October 22, 2020, FERC Trial Staff, SERI, Mississippi Public Service Commission (MPSC), Council of the City of New Orleans (CNO), and Louisiana Public Service Commission (LPSC) each file separate Briefs Opposing Exceptions. On December 4, 2020, SERI filed a Motion to Lodge Revenue Agent’s Report.

This proceeding is pending before the FERC.

Docket No. ER18-1182 System Energy Resources, Inc. (SERI)

On March 27, 2018, SERI submitted for filing limited amendments to the Unit Power Sales Agreement. The limited amendments address the e ects of the Tax Cuts and Jobs Act of 2017, which reduced the federal corporate income tax rate from 35 percent to 21 percent. SERI proposes to amend the Agreement to capture the excess Unprotected Deferred Income Tax (ADIT) resulting from the lower tax rate and flow the value back to SERI’s wholesale customers.

On April 2, 2018, the APSC intervened in this Docket. The Louisiana Public Service Commission (LPSC), the Mississippi Public Service Commission (MPSC), and the Council of the City of New Orleans (CNO) also intervened. On May 31, 2018, the FERC issued an order accepting and suspending the proposed rate schedule revisions and establishing hearing and settlement judge procedures.

On June 8, 2018, the Chief Administrative Law Judge (ALJ) issued an order designating a Settlement Judge.

On November 16, 2018, the Settlement Judge scheduled a settlement conference for February 7, 2019. On April 23, 2019, the Settlement Judge issued an order recommending the termination of settlement proceedings. On April 30, 2019, the Chief ALJ issued an order designating a Presiding Judge. On May 21, 2019, the Presiding Judge issued an order establishing a procedural schedule.

The hearing was held from March 3, 3020 to March 6, 2020. On July 9, 2020, the presiding judge issued an order holding that SERI erroneously excluded $147.3 million of unprotected excess ADIT from its formula rate and ordered SERI to return this amount to its customers.

On September 29, 2020, SERI filed its Brief on Exceptions. In its Brief, SERI states that the IRS recently disallowed 90 percent of the $147.3 million in excess ADIT. The effect of this ruling, per SERI, is that only $14.7 million will be available to go back to its customers. On November 24, 2020, SERI filed a Motion to Vacate the Initial Decision.

On December 4, 2020, CNO, MPSC, LPSC, and FERC Trial Staff each filed separate Briefs Opposing Exceptions. That same day, SERI filed a Motion to Lodge Revenue Agent’s Report.

This proceeding is pending before the FERC.

Docket No. EL17-62 Midcontinent Independent System Operator, Inc. (MISO)

In April 2017, the MISO Independent Market Monitor (IMM) filed a Section 206 Complaint against MISO seeking resolution to issues regarding pseudo-ties between PJM Interconnection, LLC (PJM) and MISO. On April 17, 2017, the APSC filed a notice of intervention. Numerous other parties have filed to intervene.

On May 8, 2017, PJM filed a Motion to Dismiss and in the Alternative an Answer arguing that the FERC has never taken the position that an IMM cannot file a complaint. PJM also filed a notice of recent appellate precedent, arguing that the D.C. Circuit recently held that a market monitor does not have standing to intervene in a proceeding on judicial review of the FERC orders.

On April 17, 2020, FERC issued an order denying the Complaint. Docket No. EL17-89 Midcontinent Independent System Operator, Inc. (MISO) Southwest Power Pool, Inc. (SPP)

In September 2017, American Electric Power (AEP) on behalf of Southwestern Electric Power Company (SWEPCO) filed a complaint against MISO and SPP. The complaint seeks to stop the assessment of duplicative congestion charges associated with SWEPCO loads that are pseudo- tied from MISO to SPP. The APSC intervened in the docket.

In October 2017, SPP filed an answer stating that AEP alleges no violations o or the Joint Operating Agreement (JOA). SPP further states in its answer that AEP does not seek a remedy from it. MISO filed its answer the same day and argued that MISO complied with its and that AEP was fully aware of the charges required under the t MISO also argued that AEP misconstrues statements in the JOA, as there is nothing that exempts pseudo-tied loads like the one in question.

AEP responded to the answers from MISO and SPP on November 3, 2017, arguing that the JOA plays an important role in defining terms relevant to the issue at hand, that MISO’s cost shifting concerns are unpersuasive, and countered arguments regarding hedging made by MISO.

On September 19, 2019, FERC denied AEP’s Complaint in part and set a briefing schedule to address the remaining issues.

On August 27, 2020, FERC issued an order 1) requesting briefing on various issues; 2) establishing a technical conference to take place after the briefs are filed; and 3) requesting comments after the technical conference.

This proceeding is pending before the FERC.

Docket Nos. EL10-65, ER11-3658, ER12-1920, ER13-1595, and ER14-2085 Entergy Services, Inc. (ESI)

In May 2010, the Louisiana Public Service Commission (LPSC) filed a complaint seeking six revisions to the MSS-3 bandwidth formula, which would shift roughly $24 million in additional Entergy System costs to Arkansas ratepayers.

In December 2014, the FERC issued an order consolidating the Bandwidth proceedings ESI had filed in Docket Nos. ER11-3658, ER12-1920, ER13-1595, and ER14-2085 with the Bandwidth-related complaint proceeding in Docket No. EL10-65. FERC set the consolidated proceedings for hearing before a FERC Administrative Law Judge (ALJ). At hearing, the following questions were at issue: 1) whether the Sale/Leaseback of 9.3 percent of the Waterford 3 nuclear plant is a capital lease, whether Entergy has properly accounted for the Waterford 3 Sale/Leaseback Accumulated Deferred Income Taxes (ADIT), and whether Entergy should include the Waterford 3 Sale/Leaseback ADIT in the bandwidth formula and 2) whether Entergy should include interruptible load in the fifth and sixth annual Allowance for Funds Used During Construction (AFUDC) for the River Bend nuclear facility in the bandwidth formula.

In her initial decision issued in July 2016, the FERC ALJ ruled as follows: the undersigned finds that the Waterford 3 Sale/Leaseback ADIT should not be included in the Bandwidth Calculation; that interruptible load should remain in the system monthly CPs for the 2010 and 2011 Bandwidth Calculations; that the Waterford 3 Sale/Leaseback is a financing transaction and that Entergy should implement Trial change recommendations; and that the ects of the change in the AFUDC required pursuant to LPSC Order No. U-17282-J have been correctly accounted for.

On September 28, 2016, the LPSC filed exceptions to the ALJ’s rulings. The APSC, Entergy, and FERC trial opposed the exceptions filed by the LPSC.

On March 15, 2018, FERC issued Opinion No. 560, holding that 1) ADIT accrued from the Sale/Leaseback of Waterford 3 plant should not be included in the bandwidth formula and 2) that LPSC is not eligible for a refund for the 2010 and 2011 bandwidth years.

On April 16, 2018, LPSC filed a Request for Rehearing and FERC granted the Request on May 14, 2018. On April 16, 2020, FERC issued an order granting in part and denying in part LPSC’s Request for Rehearing.

On May 18, 2020, LPSC and ESL each filed separate Requests for Rehearing, which was granted by FERC on June, 16, 2020. On November 19, 2020, FERC issued an order setting aside its April 16, 2018 order and directing further compliance.

This proceeding is pending before the FERC.

Docket No. EL01-88 Entergy Services, Inc. (ESI)

This proceeding involves the establishment of the +/- 11 percent Rough Production Cost Equalization (RPCE) bandwidth formula for sharing of production costs among the Entergy Operating Companies of the system average. The FERC ordered the bandwidth remedy to take e ect on January 1, 2006 but declined to order refunds. The RPCE bandwidth formula has been upheld by the FERC and the Court. There have been numerous hearings and appeals in this case. However, the issues now remaining concern 1) FERC's denial of retroactive refunds and 2) the appropriate date for implementation of the bandwidth remedy. On April 29, 2014, as amended on May 7, 2014 and May 23, 2014, Entergy submitted a compliance filing to calculate bandwidth payments and receipts for the seven-month period of June 1, 2005 through December 31, 2005. The APSC opposed Entergy’s compliance filing because it provided that Entergy Arkansas, Inc. (EAI) would make post-exit bandwidth payments, even though EAI had withdrawn from the Entergy System Agreement e ective December 19, 2013.

On October 15, 2015, FERC issued an order setting Entergy’s compliance filing(s) for hearing. In that order, FERC rejected the APSC’s argument that EAI has no post-exit obligation for bandwidth payments.

On November 13, 2015, the APSC sought rehearing of that ruling.

On April 29, 2016, FERC issued an order rejecting the APSC’s request for rehearing. The APSC thereafter filed a petition for review with the U.S. Court of Appeals for the D.C. Circuit, as discussed below. Meanwhile, the parties filed the direct testimonies, answering testimonies, cross-answering testimonies, and rebuttal testimonies of their respective witnesses.

On June 29, 2016, Entergy filed a joint o er of partial settlement. ESI filed a Motion for Partial Summary Disposition and Motion to Strike Portions of Testimony of the Louisiana Public Service Commission (LPSC). The parties filed a Joint Statement of Contested Issues and Positions of the Parties. The hearing before a FERC Administrative Law Judge (ALJ) was held July 26 through 28, 2016.

On July 28, 2016, the Presiding Judge granted ESI’s motion for partial summary judgment.

On August 9, 2016, FERC issued a letter order approving the Joint O er of a Partial Settlement Agreement filed by ESI.

LPSC and ESI filed Briefs on Exceptions to the Partial Initial Decision in September 2016. ESI, APSC, and FERC Trial filed Briefs Opposing Exceptions in October. On October 13, 2016, a post-hearing oral argument was heard on limited issues.

The Presiding Judge issued his Initial Decision on November 7, 2016, addressing specifics regarding the bandwidth calculations. On December 21, 2016, ESI, FERC Trial St and the LPSC filed Brief on Exceptions to the Initial Decision.

As noted, the APSC filed a petition for review with the U.S. Court of Appeals for the D.C. Circuit [APSC vs. FERC, Case No. 16-1193] of FERC’s ruling that Entergy Arkansas’ withdrawal from the Entergy System Agreement had not extinguished EAI’s liability for additional bandwidth payments. On January 30, 2018, the D.C. Circuit denied APSC’s petition for review.

On May 17, 2018, FERC issued an order affirming the Presiding Judge’s Initial Decision. LPSC filed a rehearing request on June 18, 2018, which was granted by FERC on July 16, 2018. On May 20, 2018, FERC issued an order setting a paper hearing on the issue of whether refunds are appropriate. APSC and ESI filed separate Briefs opposing the issuance of refunds, while LPSC filed a Brief in support.

On May 30, 2019, FERC issued an order accepting ESI’s Compliance Filing. LSPC filed a Request for Rehearing of that order on June 28, 2019.

On November 21, 2019, FERC issued an order finding that refunds are not appropriate given the circumstances of this case.

On December 27, 2019, FERC issued an order denying LPSC’s Request for Rehearing of FERC’s May 30, 2019 order accepting ESI’s compliance filing. LPSC has sought review of FERC’s May 30, 2019 order before the U.S. Court of Appeals for the D.C. Circuit.

On December 20, 2019, LPSC filed a Request for Rehearing of FERC’s November 21, 2019 order, which was granted by FERC on January 21, 2020. On August 18, 2020, FERC issued an order upholding its November 21, 2019 order.

This proceeding is pending before the FERC.

GAS INDUSTRY

Docket No. RP20-131 Enable Mississippi River Transmission, LLC (MRT)

On October 30, 2019, MRT filed a rate case seeking to increase rates for the 3 percent of subscribed firm transmission and storage service entitlement holders that did not settle with MRT in FERC Docket No. RP20-131. Thus far, APSC, Missouri Public Service Commission, and CenterPoint Energy Resources Corp. have intervened.

On November 20, 2019, MRT filed a motion seeking to place the proceedings on a settlement track. On November 26, 2019, FERC issued an order accepting and suspending the tariff records subject to refund and establishing hearing procedures.

On March 26, 2020, FERC issued an order accepting the Parties’ Settlement.

Docket No. RP19-343 Texas Eastern Transmission, LP (TETCO)

On November 13, 2018, TETCO filed an application to increase its revenues by approximately $364 million. The company is seeking a return on equity of 14.5 percent and an average increase in its FTS - 1 reservation rates of approximately 42.53 percent. TETCO’s last rate case with the FERC was almost 30 years ago. The APSC has intervened, as have Black Hills Energy Arkansas, Entergy Services, and CenterPoint Energy Resources. A number of other parties have intervened and filed protests. TETCO has filed several answers to the protests.

On December 31, 2018, FERC issued an order accepting and suspending TETCO’s revised tari records. On January 2, 2019, the Chief Administrative Judge (ALJ) assigned a Presiding Judge to this matter. On October 28, 2019, TETCO filed a proposed settlement to resolve the rate case. As of December 2019, the settlement was unopposed.

On February 25, 2020, FERC issued an order approving the Parties’ Settlement.

Docket No. RP18-923 Enable Mississippi River Transmission, LLC (MRT)

On June 29, 2018, MRT filed a general rate case application seeking a significant increase in its rates.

On July 31, 2018, the FERC issued an initial order on MRT’s filing ordering the maximum suspension period for the proposed increased rates and commencement of initial settlement discussions. In its order, FERC rejected MRT’s exclusion of Spire’s contract volumes and also rejected MRT’s proposed income tax adjustment. FERC has agreed to a rehearing on the issue of MRT’s proposed income tax adjustment. The Chief Administrative Law Judge (ALJ) has designated a Settlement Judge to preside over settlement discussions. The parties are currently engaged in settlement discussions and have participated in a technical conference.

On December 7, 2018, FERC issued an order directing MRT to file (within ten days of the order) revised records consistent with its pro forma submission, to be e ective January 1, 2019, at the end of the suspension period. FERC stated that to refund and the outcome of the hearing, technical conference, and settlement procedures. On December 17, 2018, MRT filed revised in accordance with FERC’s Order. On December 31, 2018, FERC issued an order setting various proposals raised during the technical conference for hearing. On May 16, 2019, FERC issued an order accepting the revised tariff records MRT submitted on December 17, 2018 to become effective on January 1, 2019. On November 5, 2019, MRT filed its Stipulation and Agreement to settle this matter. As of December 2019, the settlement was unopposed.

On March 26, 2020, FERC issued an order approving the Parties’ Settlement.

FEDERAL COURT CASES

Eastern District of Arkansas, No. 4:20 cv. 1088 Entergy Arkansas, LLC (EAL) vs.Ted Thomas, et al.

On September 11, 2020, EAL filed a complaint against the APSC Commissioners in the Eastern District of Arkansas. The complaint alleges that the Commission violated the federal filed rate doctrine in denying EAL’s application to pass through $135 million to its retail ratepayers, which was filed in APSC Docket No. 19-020-TF. On October 23, 2020, APSC filed a Motion to Dismiss. On November 13, 2020, EAL filed its Response to APSC’s Motion to Dismiss. On November 30, 2020, APSC filed its Reply.

D.C. Circuit No. 20-1356 Louisiana Public Service Commission (LPSC) vs. Federal Energy Regulatory Commission (FERC) (EL19-50)

On September 11, 2020, LPSC filed a petition for review of FERC’s denial of LPSC’s Complaint in EL19-50. APSC intervened on October 5, 2020.

D.C. Circuit No. 20-1304 Louisiana Public Service Commission (LPSC) vs. Federal Energy Regulatory Commission (FERC) (EL10-65)

On August 14 and August 17, 2020, respectively, Entergy Services and LPSC each filed a separate petition for review of FERC Opinion 560, issued in Docket No. EL10-65 et al. APSC intervened on September 9, 2020.

D.C. Circuit No. 20-1024 Louisiana Public Service Commission (LPSC) vs. Federal Energy Regulatory Commission (FERC) (EL01-88)

On January 31, 2020, LPSC filed a petition for review of a May 30, 2019 FERC Opinion approving of Entergy Services’ compliance filing made pursuant to FERC Opinion 561, which was issued in Docket No. EL01-88. APSC intervened on February 25, 2020. D.C. Circuit No. 18-100 (consolidated with 17-1251, 18-1010, and 20-1023) Arkansas Public Service Commission (APSC) vs. Federal Energy Regulatory Commission (FERC) (EL09-61)

In this consolidated action, APSC, Louisiana Public Service Commission (LPSC), and Entergy are seeking review of various orders issued in Docket No. EL09-61. APSC is seeking review of FERC Opinion No. 548 and No. 548-A on the issue of the bandwidth payments incurred via the Opportunity Sales; Entergy is seeking review of Opinions Nos. 521, 521-A, 548, and 548-A; and LPSC is seeking review of Opinion Nos. 565 and 565-A.

On May 15, 2020, the Parties filed their respective Petition Briefs. Oral argument was held on December 3, 2020.

SECTION 8 - NATIONAL ASSOCIATION OF

REGULATORY UTILITY COMMISSIONERS (NARUC)

NARUC is a nonprofit organization founded in 1889. NARUC membership is composed of the governmental agencies that are engaged in the regulation of utilities and carriers in the fifty states, the District of Columbia, Puerto Rico, and the Virgin Islands. NARUC’s mission is to

NARUC operates through committees and subcommittees. Those groups advance regulation through study and discussion of the operation and supervision of public utilities and promoting coordinated action by the commissions.

The Commission is currently represented by the following committee and subcommittee assignments.

Commissioners Ted J. Thomas - Committee on Electricity Environment, Committee on International Relations, Washington Action Committee Kimberly A. O’Guinn - Executive Committee and the Board of Directors, Justin Tate - Committee on Gas Committee on Energy Resources and the

Commissioners’ Valerie Boyce - Ron Garner -

Regis Powell - Subcommittee on Law Electricity

Walter Nixon III - Bill Mathis - ommittee on Energy Resources and the Environment Information Services Connie Griffin - Telecommunications General Donna Gray - Robert E. Henry - Executive Management Pipeline Safety

- Regina Butler - Accounting and Finance Electricity

APPENDIX A - JURISDICTIONAL UTILITIES AND OPERATORS

During 2020, the Commission carried out its statutory obligation to review and regulate the rates and/or practices of utility companies and operators. The utilities and operators under the Commission's jurisdiction in 2020 are listed below:

INVESTOR-OWNED UTILITIES (IOUs)

Four IOUs were under the Commission's jurisdiction during 2020.

Entergy Arkansas, LLC Southwestern Electric Power Company Oklahoma Gas and Electric Company The Empire District Electric Company

ELECTRIC COOPERATIVES

Eighteen electric cooperatives were under the Commission's jurisdiction during 2020: one generation and transmission cooperative (Arkansas Electric Cooperative Corporation) and 17 distribution electric cooperatives.

Arkansas Electric Cooperative Corporation Mississippi County Electric Cooperative, Inc. Arkansas Valley Electric Cooperative North Arkansas Electric Cooperative, Inc. Corporation Ouachita Electric Cooperative Corporation Ashley-Chicot Electric Cooperative, Inc. Ozarks Electric Cooperative Corporation C & L Electric Cooperative Corporation Petit Jean Electric Cooperative Corporation Carroll Electric Cooperative Corporation Rich Mountain Electric Cooperative, Inc. Clay County Electric Cooperative South Central Arkansas Electric Cooperative, Corporation Inc. Craighead Electric Cooperative Corporation Southwest Arkansas Electric Cooperative Farmers Electric Cooperative Corporation Corporation First Electric Cooperative Corporation Woodruff Electric Cooperative Corporation

REGIONAL TRANSMISSION ORGANIZATIONS (RTOs)

Two RTOs were under the Commission's jurisdiction during 2020.

Southwest Power Pool, Inc.* Midcontinent Independent System Operator, Inc.* *All revenues are FERC jurisdictional only

GAS UTILITIES

Four gas utilities were under the Commission's jurisdiction during 2020: three investor-owned utilities and one users association.

Arkansas Oklahoma Gas Corporation CenterPoint Energy Arkansas Gas Black Hills Energy Arkansas, Inc. Logan Township Gas Users Association

NATURAL GAS OPERATORS

Twenty natural gas operators were under the Commission's jurisdiction during 2020.

Acme Brick Company Enmark Energy, Inc. Albemarle Corporation Gateway Red Oak, LLC Augusta City Light, Water and Gas Great Lakes Chemical Corporation Cambrian/SouthTex Harrisburg Water and Gas Division City of Little Rock Solid Waste Services Hazen Natural Gas Company Crestwood Midstream Partners, LP Ingevity Corporation Jonesboro City Water & Light Des Arc Municipal Gas North Crossett Utilities Enable Midstream Partners, LP Tucker Energy Solutions Enbridge Pipelines, LP University of Arkansas

MASTER METER GAS OPERATORS

One hundred twenty-seven master meter gas operators were under the Commission's jurisdiction during 2020.

Alpha Property Management, Inc. BSR Trust AMG Realty Group Cabin Court (Bentonville) American Family Communities, LLC Camden Housing Authority Anderson Rental Properties Chateau Rental Properties, LLC Arkansas Homes and Rentals Investments CIC Arms Apartments LLC Civitan Apartments Arkoma, Inc. Clarendon Housing Authority Asset Plus Companies Associated Management, LTD Colonial Arms Apartments Augusta Housing Authority Con Ivie Gardens Bald Knob Housing Authority Cotton Plant Housing Authority Bald Knob Apartments Country Oaks Village Mobile Home Park Bart Gray Realty Dan Epperly Batesville Housing Authority Danny and Jodi Jones BBR Oil, LLC Dardanelle Housing Authority Beacon Circle Davis RE Beebe Housing Authority DD & M Contractors, LTD Beztak Des Arc Housing Authority Bloom Management Inc. Earle Housing Authority Bogle Properties Elevation Real Estate and Management Brinkley Housing Authority Elmington Property Management Broad Management Group Farmington Hills MASTER METER GAS OPERATORS - continued - Ferguson Property Group, Inc. Painter's Mobile Home Park First Capital Residential, LLC Paragould Housing Authority Forrest City Housing Authority Parkin Housing Authority Green Elf Court Perfect Harmony, LLC Gunit, LLC PHD Investments Hickory Ridge Housing Authority Pine Meadow Trailer Park Hidden Pines Polk County Housing Authority Houses, Inc. Professional Property Management, Inc. Hudson Realty Company Rector Housing Authority Hudson Rental Properties Rector Phillips Morse Hughes Housing Authority Renegade Properties, LLC Independent Management Services Rental Management Inc. Indian Hills MHP, LLC RHP Properties Rich Smith Management Intrepid Management Rutherford Mobile Home Park J & J Enterprises Salem Housing Authority JCH Properties, LLC Sosa Properties Johnny Bradley, Sr. South CS Apartments, LLC K P Properties Specialized Real Estate Group Krebs Rentals Stanley Holdings Group LLC L & A Melgar, LLC Apartments Sugarloaf Trailer Park Landmark REI Sulcer Real Estate Rentals Lex Group Inc. Sunwise, LLC Lynd Management Company Susan and Kenneth Kilgore Mabelvale Rose, LLC Sweetser Properties Mammoth Springs Housing Authority Tara, LLC Manila Housing Authority Tesco Properties Mayfair Management Group The Walden Group McCrory Housing Authority Timberview Estates MHC, LLC MDFO Properties, LLC Tower Management LLC Midway Park Town and Country Mobile Home Park Millenia Housing Management Co. Trailwood Mobile Home Park Moore and Company Realtors Trent Management Group Moses Tucker Real Estate Trinity Property Management Moxie Holdings, LLC Trumann Housing Authority Neighbors of Colonial Estates LLC United Apartment Group Neighbors of Dixieland MHP LLC W-7 Mobile Home Park Newport Housing Authority Warren Housing Authority Niblock Investments, LLC Werp, LLC O’Reilly Management Services, LLC Westpark Meadows Apartments

MASTER METER GAS OPERATORS - continued - Westwood Village Apartments Woodcreek, Inc. Wilbur's Mobile Home Park Woodridge Estates

WATER UTILITIES

Two water companies were under the Commission's jurisdiction during 2020. Liberty Utilities (Arkansas Water) Corp.

SEWER UTILITIES

One sewer company was under the Commission's jurisdiction during 2020.

Liberty Utilities (Arkansas Water) Corp.

INCUMBENT LOCAL EXCHANGE CARRIERS (ILECs)

Thirty-two ILEC companies were under the Commission's jurisdiction during 2020.

Arkansas Telephone Company, Inc. Lavaca Telephone Company, Inc. Arkwest Communications, Inc. Madison County Telephone Company, Inc. Central Arkansas Telephone Cooperative, Magazine Telephone Company, Inc. Inc. Mountain View Telephone Company CenturyTel of Arkansas, Inc. Northern Arkansas Telephone Company, CenturyTel of Central Arkansas, LLC Inc. CenturyTel of Missouri, LLC Ozark Telephone Company of Missouri CenturyTel of Mountain Home, Inc. Prairie Grove Telephone Company CenturyTel of Northwest Arkansas, LLC Rice Belt Telephone Company, Inc. CenturyLink of Louisiana, LLC Scott County Telephone Company, LLC CenturyTel of Redfield, Inc. South Arkansas Telephone Company, Inc. CenturyTel of South Arkansas, Inc. Southwest Arkansas Telephone Cleveland County Telephone Company, Inc. Cooperative, Inc. Decatur Telephone Company, Inc. Southwestern Bell Telephone Company E. Ritter Telephone Company, LLC Tri-County Telephone Company, Inc. INCUMBENT LOCAL EXCHANGE CARRIERS (ILECs) - continued -

Valor Telecommunications of Texas, LLC Windstream Missouri, LLC Walnut Hill Telephone Company Yelcot Telephone Company Windstream Arkansas, LLC

COMPETITIVE LOCAL EXCHANGE CARRIERS (CLECs)

Ninety CLEC companies were under the Commission's jurisdiction during 2020. ACN Communication Services, LLC Enhanced Communications Group, LLC AireCast, LLC Entelegent Solutions, Inc. Airespring, Inc. ExteNet Systems, Inc. Airus, Inc. France Telecom Corporate Solutions LLC Aristotle Unified Communications L.L.C. Fusion Cloud Services, LLC AT&T Corp. d/b/a Fusion Connect Bandwidth.com CLEC, LLC GC Pivotal, LLC BCN Telecom, Inc. Granite Telecommunications, LLC Big River Telephone Company, LLC IDT America Corporation Broadview Networks, Inc. inContact, Inc. BullsEye Telecom, Inc. Intrado Communications, LLC CBTS Technology Solutions LLC Intrado Safety Communications Inc. CenturyLink Communications, LLC JSK Company, Inc. Comcast Phone of Arkansas, LLC Level 3 Communications, LLC Communications Venture Corporation Level 3 Telecom of Arkansas, LLC ComTech21, LLC Lingo Communications Midwest, LLC Conterra Ultra Broadband LLC Matrix Telecom, LLC Cox Arkansas Telcom, L.L.C. MCImetro Access Transmission Services Crexendo Business Solutions, Inc Corp. Crown Castle Fiber LLC McLeodUSA Telecommunications Services, DeltaCom, LLC LLC Dirt Moves, Inc. Media Link Telecom, LLC dishNET Wireline L.L.C. Metropolitan Telecommunications of E. Ritter Communications, Inc. Arkansas, Inc. EarthLink Business, LLC Mobilitie Management, LLC Easton Telecom Services, LLC Mobilitie, LLC ENA Healthcare Services, LLC Network USA, LLC eNetworks NC, LLC Neutral Tandem-Arkansas, LLC COMPETITIVE LOCAL EXCHANGE CARRIERS (CLECs) - continued -

New Horizons Communications Corp. Time Clock Solutions, LLC NextGen Communications, Inc. Touchtone Communications, Inc. NOS Communications, Inc. Unite Private Networks, L.L.C. Onvoy, LLC Uniti Fiber LLC Peerless Network of Arkansas, LLC Velocity the Greatest Phone Company Ever, Pinnacle Telecom Inc. Pinnacle Telecom, LLC Verizon Select Services, Inc. PNG Telecommunications, Inc. Vero Fiber Networks, LLC QuantumShift Communications, Inc. WANRack, LLC RTC Solutions, Inc. Wide Voice, LLC Socket Telecom, LLC WiMacTel, Inc. Southwestern Bell Telephone Company Windstream Communications, LLC Spectrotel, Inc. Windstream KDL, LLC Sprint Communications Company, LP Windstream Norlight, LLC SQF, LLC Windstream NuVox Arkansas, LLC Talk America Services, LLC XO Communications Services, LLC TCA Communications, LLC Yelcot Video Group, Inc. TEC of Jackson, Inc. YMax Communications Corp. TelCove Operations, LLC Zayo Group, LLC Teleport Communications America, LLC

INTEREXCHANGE CARRIERS (IXCs)

One hundred ten IXC companies were under the Commission's jurisdiction during 2020. 800 Response Information Services LLC Assist Wireless, LLC Access One, Inc. BCM One, Inc. AccessLine Communications Corporation BCN Telecom, Inc. ACN Communication Services, LLC Broadband Dynamics, LLC Advantage Telecommunications Broadview Networks, Inc. Corporation Broadvox-CLEC, LLC Affinity Network, Inc. Broadwing Communications, LLC Affordable Long Distance LLC Buehner-Fry, Inc. Airespring, Inc. Business Network Long Distance, Inc. Alliance Global Networks LLC Business Telecom, LLC American Telecommunications Systems, Cause Based Commerce Incorporated Inc. CBTS Technology Solutions LLC AmeriVision Communications, Inc. Central Telcom Long Distance, Inc. ANPI Business, LLC CenturyLink Communications, LLC INTEREXCHANGE CARRIERS (IXCs) - continued -

Claro Enterprise Solutions, LLC National Access Long Distance, Inc. Communications Network Billing, Inc. Nationwide Long Distance Service, Inc. ComTech21, LLC Network Communications International Consolidated Telecom, Inc. Corp. Consumer Telcom, Inc. Network Service Billing, Inc. Convergia, Inc. NetworkIP, LLC Correct Solutions, LLC New Horizons Communications Corp. Crexendo Business Solutions, Inc NOS Communications, Inc. Custom Teleconnect, Inc. NOSVA Limited Partnership DCT Telecom Group, Inc. NV Legent Comm LLC DeltaCom, LLC OPEX Communications, Inc. Easton Telecom Services, LLC PAETEC Communications, LLC Electric Lightwave, LLC Pay Tel Communications, Inc. ENA Healthcare Services, LLC Peak Communications, Inc. Enhanced Communications Group, LLC PNG Telecommunications, Inc. Enhanced Communications Network, Inc. Public Communications Services, Inc. First Choice Technology, Inc. Reduced Rate Long Distance, LLC First Communications, LLC Reliant Communications, Inc. Fusion Connect Roman LD, Inc. Global Crossing Telecommunications, Inc SBC Long Distance, LLC Global Tel*Link Corporation Silv Communication Inc. GoDaddy.com, LLC Spectrotel, Inc. Grasshopper Group, LLC Sprint Communications Company, LP IDT America Corporation Stratus Networks, Inc. inContact, Inc. TCA Communications, LLC Inmate Calling Solutions, LLC TDS Long Distance Corporation Integrated Services of Nevada, Inc. Telecom Management, Inc. KDDI America, Inc. Telrite Corporation K-Powernet, L.L.C. Time Warner Cable Business LLC LCR Telecommunications, LLC Total Holdings, Inc. Level 3 Communications, LLC Touchtone Communications, Inc Long Distance Consolidated Billing Twin City Capital, LLC Company U.S. Telecom Long Distance, Inc. Lotel, Inc. US South Communications, Inc. Matrix Telecom, LLC USA Digital Communications, Inc. MCI Communications Services, Inc. Valor Telecommunications LD, LP McLeodUSA Telecommunications Services, Value-Added Communications, Inc. LLC Velocity, A Managed Service Company, Inc. Multiline Long Distance, Inc. Verizon Long Distance, LLC NATCO Technologies, Inc. Verizon Select Services, Inc INTEREXCHANGE CARRIERS (IXCs) - continued - Voicecom Telecommunications, LLC Working Assets Funding Service, Inc. Wholesale Carrier Services, Inc. Worldwide Marketing Solutions, Inc. WilTel Communications, LLC X2Comm, Inc. Windstream Communications, LLC

PRIVATE PAY TELEPHONE PROVIDERS (PPTPs)

Ten PPTP companies were under the Commission's jurisdiction during 2020.

City Tele Coin Company, Inc. Jaroth, Inc. Combined Public Communications, LLC Securus Technologies, Inc. DSI-ITI, LLC Southwestern Bell Telephone Company Encartele, Inc. TIP Systems, LLC Global Tel*Link Corporation Interstate Telecommunications of Georgia, Inc.

ELIGIBLE TELECOMMUNICATIONS CARRIERS (ETCs)

In addition to the ILECs which have ETC status, twenty-one ETC only companies were registered with the Commission during 2020.

3E8 Broadband Solutions, LLC Everycall Communications, Inc. American Broadband and New Cingular Wireless PCS, LLC Telecommunications Company NEXT, Powered by NAEC, LLC Aristotle Unified Communications L.L.C. OzarksGo, LLC Assist Wireless, LLC Q Link Wireless LLC Assurance Wireless USA, L.P. Sage Telecom Communications, LLC Boomerang Wireless, LLC South Central Connect LLC d/b/a enTouch Wireless TAG Mobile, LLC Cellco Partnership Telrite Corporation dba Verizon Wireless TerraCom, Inc. Cox Arkansas Telcom, L.L.C. WAVE Rural Connect, LLC Easy Telephone Service Company Wisper ISP LLC

TRANSPORTATION NETWORK COMPANIES (TNCs)

Two TNCs companies were under the Commission's jurisdiction during 2020.

Lyft Drives Arkansas, Inc. Raiser LLC (Uber)

APPENDIX B - STATISTICAL ANALYSIS

ELECTRIC COMPANIES - ARKANSAS ONLY Plant Investments; Operating Revenues

Year Ended December 31, 2020

ELECTRIC COMPANIES - ARKANSAS ONLY Customers; kWh Sold; Revenues Year Ended December 31, 2020

REGIONAL TRANSMISSION ORGANIZATIONS (RTOs) - ARKANSAS ONLY

Plant Investment; Operating Revenues

Year Ended December 31, 2020

GAS COMPANIES - ARKANSAS ONLY Plant Investment; Operating Revenues Year Ended December 31, 2020

GAS COMPANIES - ARKANSAS ONLY Customers; Mcf Sold; Revenues Year Ended December 31, 2020

WATER AND SEWER COMPANIES - ARKANSAS ONLY Plant Investment; Operating Revenues

Year Ended December 31, 2020

WATER AND SEWER COMPANIES - ARKANSAS ONLY

Customers; Revenues

Year Ended December 31, 2020

INCUMBENT LOCAL EXCHANGE CARRIERS (ILECs)

Arkansas Revenues and Access Lines Year Ended December 31, 2020

COMPETITIVE LOCAL EXCHANGE CARRIERS (CLECs) Arkansas Revenues and Access Lines Year Ended December 31, 2020

COMPETITIVE LOCAL EXCHANGE CARRIERS (CLECs)

Arkansas Revenues and Access Lines

Year Ended December 31, 2020

INTEREXCHANGE -CARRIERS (IXCs) / PRIVATE PAY TELEPHONE PROVIDERS (PPTPs)

Arkansas Revenues Year Ended December 31, 2020

INTEREXCHANGE CARRIERS (IXCs) /

PRIVATE PAY TELEPHONE PROVIDERS (PPTPs) Arkansas Revenues Year Ended December 31, 2020

INTEREXCHANGE CARRIERS (IXCs) / PRIVATE PAY TELEPHONE PROVIDERS (PPTPs) Arkansas Revenues Year Ended December 31, 2020

APPENDIXRECEIPTS C - RECEIPTS AND DISBURSEMENTS AND DISBURSEMENTS

HELPFUL TERMINOLOGY

AC/Alternating Current: An electric current that reverses its direction many times a second at regular intervals, typically used in power supplies. Average System Rate: Total revenue received from retail customers divided by kWh sold to retail customers. Base Load: The constant load in a power system, that is not subject to variation due to seasons, temperature, or time of day. Base Rates: Rates a utility charges all residential, commercial, and industrial customers. Basis Sales: that t Billing Cycle: The period of time or the dates of occurrence for issuing periodic bills for service. Billing Determinants: The measurements of consumption used to calculate a customer’s bill or to determine the aggregate revenue from rates from all customers. Billing determinants must

es, then billing determinants must be organized in the same fashion. Block Rate: A schedule of prices for electricity wherein the price per kilowatt-hour (kWh) or

300 kWh of use per month are charged at one rate and all over 300 kWh are charged at a

BTU/British Thermal Unit: The standard unit of measuring a quantity of heat energy. It is the amount of heat energy necessary to raise the temperature of one pound of water one degree Fahrenheit at a specified temperature. Capacitor: A device to store an electrical charge. Capacity: The maximum amount of electrical load, which a device can carry at one time. Capacity Costs: The and distribution facilities to meet peak demand. Circuit (Electric): A conductor or a system of conductors through which electric current flows or is intended to flow, e.g., wires. Connection Charge: An amount paid by the customer in a lump sum, or in installments, for connecting the customer’s facilities; or a charge for all the capital costs incurred in adding a new customer to the system. Connection costs might also include the costs of service drop and the meter, or they might include the capital costs of all the generation, transmission, and distribution facilities that must be added to accommodate the new customer.

COSACAR/Cost of Service and Cost Allocation Report: An analysis, by customer class, of the cost of providing electricity. The purpose of the study is to allocate costs to customer classes and provide the basis for developing rates for these customers. Cost Allocation Policies: Instructions or statements of direction guiding the apportionment of system costs to the rate classes. Current: The amount of electrical charge flowing through a conductor, as compared with volts, which is the force that drives the electrical charge. Customer Charge: A basic charge added to each customer’s bill to cover such costs as meter reading, customer accounting, and billing. DC/Direct Current: An electric current that is the one directional flow of electric charge, typically used in power supplies. Declining Block Rate: A schedule of prices for electricity wherein the first “block” (X number of kW- hours or kW) used by a customer is priced at one rate and the next block(s) at a successively lower rates. Demand: In an economic context, the quantity of a product that will be purchased at a given price at a particular point in time. In a public utility context, the rate at which electric energy is delivered to or by a system, expressed in kilowatts, or kilovolt amperes or other suitable units at a designated period of time. Demand Charge: That portion of a customer’s bill for service based upon the peak electric capacity (kilowatts) demanded or required by power-consuming equipment and billed under an applicable rate schedule. Direct Current: An electric current flowing constantly in one direction at one rate. Distribution: The act or process of distributing electric energy from convenient points on the transmission system to the customers. It is also a functional classification describing that portion of the utility facilities or plant used for the purpose of delivering electric energy from convenient points on the transmission system to the customers, or describing the expenses relating to the operation and maintenance of the distribution plant. Distribution Capacity Charge: A fee charged to customers for a stand-by service in case of emergency. Distribution System: That portion of an electric system, which delivers electric energy from points on the transmission, or bulk power system to the customers. End Block/Tail Block: The last block of energy in the block rate structure. Energy Charge: That portion of a customer’s bill for electric service based upon the electric energy consumed and billed under an applicable rate schedule. Energy supplied during periods of relatively low system demand as specified by the supplier.

Energy (on-peak): Energy supplied during periods of relatively high system demand as specified by the supplier. Feeder: Voltage lines used to distribute electric power from a substation to consumers or to smaller substations. Firm Power: Power or power producing capacity intended to be available at all times during the period covered by commitment, even under adverse conditions. Flat Rate: A fixed charge for electricity for a streetlight, flood light, or a fixed amount of energy. A flat rate schedule is a method of charging for electricity wherein all electricity used by a given customer is priced at the same amount per kilowatt-hour or per kilowatt, regardless of the amount used. Interruptible Discount: A discount for customers that agree to interrupt their service at the utility’s request during certain times when system demand or wholesale energy costs are very high. kV: Kilovolt. kVa/Kilovolt Ampere: Equal to 1000 volt-amperes. kW/Kilowatt: Is equal to 1000 watts. kWh/Kilowatt-Hour: A measure of electric energy equal to one kilowatt of power supplied to or taken from an electric circuit during a one-hour period. LED Lamp or LED Light Bulb: An electric light for use in light fixtures that produces light using one or more light-emitting diodes (LEDs). Load: The amount of electric power delivered or required at any specified point or points on a system. Load Factor: The ratio of average demand, in kilowatts, over a stated period of time to the maximum demand in kilowatts occurring in the same time period. It is the measure of variability of the load over a period of time. Load Forecasting: The procedures used to estimate future consumption of electricity. These estimates are used in planning for generation, transmission, and distribution facilities; in calculating the future revenue from the sales of electricity; in determining cost allocations for the various rate classes; and in assessing the impact on the load of changes in policies or underlying conditions such as the level of employment in the region. Load forecasts are developed either to provide the most likely estimate of future load or to determine what load would be under a set of specific conditions; e.g., extremely cold weather, high rates of inflation, or changes in electricity prices. Forecasting procedures include trending (extrapolating past trends into the future) and econometrics. Load Growth: The increase in the consumption of a utility’s output from one point in time to another expressed in either absolute or percentage terms. Load growth is also the growth in energy and power demand by a utility’s customers.

Losses: The general term applied to energy and power lost or unaccounted for in the operation of an electric system. Megavolt-ampere: 1000 kVa. MW/Megawatt: 1000 Kilowatts or 1,000,000 watts. Metering: The various devices and associated equipment designed to measure or indicate and record the usage of electricity or natural gas. Minimum Charge: The minimum amount charged to each customer if the sum of other charges is lower than the minimum charge. Net-metering: distribution system and the electricity generated by an eligible customer generator, fed back into the electric distribution system over a billing period. Network: A system of interconnected circuit components. Non-firm Power: The power or power-producing capacity supplied or available under an arrangement that does not have a guaranteed continuous availability feature of firm power. Power supplied based on the availability of a generating unit is one type of such power. Operating Costs: Regularly occurring expenses associated with producing and distributing goods and services. Operating Revenue: The amounts billed by the utility for services rendered and for other services incidental thereto. Peak Demand: The maximum demand imposed on a power system or component thereof during a specified time period. Peak Load: The maximum electrical load consumed or produced in a stated period of time. It may be the maximum instantaneous load or the average load within a designated interval of time. Power Factor: The ratio of real or actual (kW) to apparent power (kilovolt-amperes) for any given load and time. Power factor is measured in percent and varies from 0 to 100 percent. Rate Base: The value, specified by a regulatory authority, upon which a utility (usually an IOU) is permitted to earn a specified rate of return. Generally, this represents the amount of property used and useful in public service and may be based on the following values or combinations thereof: fair value, prudent investment, reproduction cost, or original cost; and may provide for cash working capital, materials and supplies, and deductions for accumulated depreciation, contributions in aid of construction, and accumulated deferred income taxes. Rate Case: The process in which a utility appears before its regulatory authority to request a general change or modification in its rates and charges. Rate Class: other groups.

Rate Design: Terminology used to denote those steps or principles used to plan or construct the rate schedules for the classes. This step follows the cost allocation step wherein determinations are made as to how much revenue to collect from each rate class. Rate design governs the relative level of the rate charges such as customers, energy and demand charges, block structure, and the components to be included in the schedules. Rate Schedule: A statement of the rates and the terms and conditions governing its application. The rate part of the schedule generally consists of one or more of the following charge components: customer (or basic) charge, energy charge, demand charge, and minimum charge. Rate Structure: The design and organization of billing charges for a group of customers. Residential Class: A customer, sales, and revenue classification used for load forecasting, reporting sales figures to FERC, and for all cost allocations. Basically, this class consists of customers individually metered for electricity consumption in a residence. Revenue Requirement: The revenue level necessary to financially sustain the operations of the utility. S-D/Self-Direct: Large commercial and industrial customers seeking to opt-out from utility

Seasonal Rates: A charge for a utility’s service that is imposed only during a particular season during the year. This is because the cost of delivering services is higher during certain seasons. Tail Block/End Block: The last block of energy in the block rate structure. A published volume of rate schedules and general terms and conditions under which a product or service will be supplied. Tiered Rates: A rate structure consisting of a lower rate level for an established level of service to existing customers and a higher rate for deliveries that serve either additional requirements of such existing customers or the requirements of new customers. Transformer: An electromagnetic device for changing the voltage of AC electricity to the level appropriate for the load served. Transmission: The movement or transfer of electric energy in bulk from a source(s) of supply to other principal parts of the system or to other utility systems. Transmission System: An interconnected group of electric transmission lines and associated equipment for the movement or transfer of electric energy in bulk between points of supply and points at which it is transferred for delivery to ultimate consumers, or is delivered to electric system of other utilities. TRM: Arkansas Technical Reference Manual used in the evaluation, measurement, and verification (EM&V) Weatherization:

Wheeling: The use of transmission facilities belonging to one system to transmit power of and for another system.

Arkansas Public Service Commission 1000 Center Street P.O. Box 400 Little Rock, AR 72203 501-682-2051 www.arkansas.gov/psc