SELF-DIRECT APPLICATION FILING INSTRUCTIONS
Pursuant to Commission Order No. 10 in Docket No. 10-101-R and Section 11 of the C&EE Rules, non-residential customers that meet certain eligibility requirements may submit an Application to the Commission for a Certificate of Exemption that will allow the customer to “opt-out” of utility provided EE programs by choosing the Self-Direct (SD) Option. On July 1, 2013, Act 253 of 2013 became effective, which, as amended and codified as Arkansas Code § 23-3-405(c)-(e) (“Act 253”), allows a non-residential customer that is classified within sectors 31 through 33 of the North American Industry Classification System or is a state-supported institution of higer education to provide notice to the Commission of its decision to opt-out of the utility-sponsored EE programs.
The request for a Certificate shall be filed with the Commission no later than September 15 of any year and, if approved, shall be effective beginning January 1 of the following year.
| Commission Established Energy Efficiency Savings Goals |
| Program Year | Electric | Natural Gas | Baseline Year |
| 2011 | 0.25% | 0.20% | 2010 |
| 2012 | 0.50% | 0.30% | 2010 |
| 2013 | 0.75% | 0.40% | 2010 |
| 2014 | 0.75% | 0.40% | 2010 |
| 2015 | 0.90% | 0.50% | 2013 |
| 2016 | 0.90% | 0.50% | 2014 |
| 2017 | 0.90% | 0.50% | 2015 |
| 2018 | 0.90% | 0.50% | 2015 |
| 2019 | 1.00% | 0.50% | 2015 |
| 2020 | 1.20% | 0.50% | 2018 |
| 2021 | 1.20% | 0.50% | 2018 |
| 2022 | 1.20% | 0.50% | 2018 |
| 2023 | 1.20% | 0.50% | 2022 |
| 2024 | 1.20% | 0.50% | 2022 |
Notice of Exemption Pursuant to Act 253
Please follow these instructions when submitting an Act 253 Notice of Exemption to the Commission. If you are not classified within sectors 31 through 33 of North American Industry Standard Classification System or a state-supported institution of higher education, please go to the next section.
*Please note that all applicants must be represented by counsel.
Non-residential customers providing notice to opt-out in accordance with Act 253 should refer to Arkansas Code § 23-3-405(c) through (e) for guidance.
To view Arkansas Code § 23-3-405(c)-(e), Please Click Here!
To view the North American Industry Classification System, Please Click Here!
Please click here for the Commission approved Act 253 Notice and Affidavit for Certificate of Exemption.
The completed Act 253 Notice and Affidavit shall be filed in new company-specific SD dockets styled as follows:
IN THE MATTER OF THE ACT 253 ENERGY EFFICIENCY OPT-OUT
NOTICE AND AFFIDAVIT OF [INSERT COMPANY NAME].
Please file the following documents with the Secretary of the Commission using the Electronic Filing System (EFS) or hand deliver or mail to the address below.
- Docket Summary Cover Sheet (PDF Version or Word Version), click here for instructions on completing this form.
- Act 253 Notice and Affidavit for Certificate of Exemption.
The EFS can be accessed here. If you are not a registered EFS user or if you are not familiar with how to use the EFS, click here.
If you require assistance with the EFS or need an EFS number, please contact the Secretary of the Commission at 501.682.5782.
Standard Self-Direct Application
Please follow these instructions when submitting a standard SD Application to the Commission.
*Please note that all applicants must be represented by counsel.
1. Complete the following forms (links to the required forms are provided below):
- Docket Summary Cover Sheet (PDF Version or Word Version), click here for instructions on completing this form.
- SD Application Workbook for Electric or Natural Gas.
- Affidavit for Opt-out — Self-Direct (Word Version) or
- Affidavit for Certificate of Exemption — Act 253 (Word Version)
- Highly Sensitive Protected Information Form (PDF Version or Word Version), click here for instructions on completing this form.
Note: On September 8, 2011, the Commission issued Interim Protective Order (IPO) No. 11 in Docket No. 10-101-R which sets forth the requirements to allow applicants the ability to protect certain types of sensitive information. Consistent with that order and the procedures established by the Commission for filing such confidential information, these instructions must be followed to ensure that the applicant’s confidential information is properly protected from disclosure to the public.
Please click here to view Order No. 11.
2. Instructions for completing the SD Application Workbook are contained in the first tab of each Workbook. The “Application” tab of the Workbook is designed to capture information from the Applicant that can be disclosed to the public. All other tabs of the Workbook are anticipated to capture information that is confidential in nature and thus should be protected from disclosure to the public.
3. After completing the Workbook, the Application tab should be copied from the Excel workbook containing confidential information and pasted into a separate workbook containing only the Application (public information) tab. For instructions on copying a tab from an Excel workbook into a new workbook, click here.
4. After completing all required documents and after creating a new workbook containing only the Application (public information) tab, please file the following documents with the Secretary of the Commission using the Electronic Filing System (EFS) which can be accessed here. If you are not a registered EFS user or if you are not familiar with how to use the EFS, click here.
- Docket Summary Cover Sheet (This must be the first document filed)
- SD Application Tab (public information)
- Affidavit for Certificate of Exemption
- Highly Sensitive Protected Information Form
All of the above documents will be available to the public once filed with the Secretary of the Commission.
Consistent with Commission IPO No. 11, to maintain the confidentiality of information provided in the Application, please adhere to the following steps in submitting to the Commission, the completed SD Application Workbook containing confidential information.
5. In order to prevent confidential information from being made public, the confidential SD Application Workbook should be officially filed with the Secretary of the Commission as follows:
- Copy the confidential SD Application Workbook onto a CD/DVD that is distinctively red or pink in color, or print the confidential SD Application Workbook on light pink paper and seal in an envelope.
- File the confidential SD Application Workbook CD/DVD or paper by either:
| Hand Delivery to: Arkansas Public Service Commission Attn: Secretary of the Commission 1000 Center Street Little Rock, AR 72201-4314. | OR | Mail to: Arkansas Public Service Commission Attn: Secretary of the Commission P.O. Box 400 Little Rock, AR 72203-0400 |
6. To assist General Staff in its review of the Application, please e-mail a copy of the confidential SD Application workbook to SelfDirect@arkansas.gov along with any supporting work papers. Also, please note in the subject matter line and body of the email that the attachment contains “PROTECTED” or “CONFIDENTIAL” information. For any attached files, the file name shall include the word “PROTECTED” or “CONFIDENTIAL”.
If you require assistance with your Self-Direct Application, please contact:
Robert Swaim at 501-683-4060 or submit an email request to SelfDirect@arkansas.gov.
If you require assistance with the EFS or need an EFS number, please contact the Secretary of the Commission at 501.682.5782.