Arkansas Gas Consumers, Inc. v. Arkansas Public Service Commission

I must respectfully dissent because I conclude that the Commission exceeded its powers in imposing a temporary surcharge for the purpose of creating this kind of program. Act 310 of 1981, codified at Ark. Code Ann. §§ 23-4-501 through 23-4-509 (Repl. 2002), provided a method by which a public utility could comply with legislative or regulatory requirements requiring the utility to “make substantial additional investments or incur additional expenses with respect to existing facilities used and useful in providing service to the utility’s customers. ...” Ark. Code Ann. § 23-4-501 (a)(1) (Repl.…