The opinion
Cite as 2014 Ark. App. 546
ARKANSAS COURT OF APPEALS
DIVISIONS II & III
No. CV-13-803
DUSTIN MCDANIEL, ARKANSAS Opinion Delivered October 8, 2014
ATTORNEY GENERAL, CONSUMER
UTILITIES RATE ADVOCACY APPEAL FROM THE ARKANSAS
DIVISION PUBLIC SERVICE COMMISSION
APPELLANT [DOCKET NO. 12-056-U]
V.
ARKANSAS PUBLIC SERVICE
COMMISSION and ENTERGY
ARKANSAS, INC.
APPELLEES REVERSED AND REMANDED
KENNETH S. HIXSON, Judge
This is the companion case to a separate appeal handed down by this court today in
McDaniel v. Arkansas Public Service Commission, 2014 Ark. App. 529. That appeal arises from
Order No. 7 of the Arkansas Public Service Commission in Docket No. 12-056-U, in which
the Commission found that an interim surcharge imposed by Entergy Arkansas, Inc.,
complied with Act 310 of 1981, and from Order No. 8 approving Entergy’s rate schedule for
the surcharge. This court reversed and remanded Orders 7 and 8 for additional findings by the
Commission.
The present appeal is from Order No. 9 in Docket No. 12-056-U. That Order altered
the rate schedule approved by the Commission in Order No. 8. The Consumer Utilities Rate
Advocacy Division of the Arkansas Attorney General’s Office (“the AG”) has appealed from
Cite as 2014 Ark. App. 546
Order No. 9 and asserts the same grounds for reversal as in the companion appeal.
In light of the identical nature of the issues in both appeals, we adopt the reasoning
employed in McDaniel v. Arkansas Public Service Commission, 2014 Ark. App. 529, and reverse
and remand the Commission’s Order No. 9.
GLADWIN, C.J., and PITTMAN, WALMSLEY, and WOOD, JJ., agree.
BROWN, J., dissents.
Dustin McDaniel, Att’y Gen., by: Emon O. Mahony, Ass’t Att’y Gen., for appellant.
Tucker Raney, Assistant General Counsel of Entergy Services, Inc.; N. Wesley Hunt,
Counsel of Entergy Services, Inc.; Perkins & Trotter, PLLC, by: Scott C. Trotter; and Wright,
Lindsey & Jennings, by: N. M. Norton, for appellees.
2