# Ark. Code Ann. § 23-18-1003: Authority to regulate demand response

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C18_S10_S23-18-1003

## Section

- **Citation:** Ark. Code Ann. § 23-18-1003
- **Heading:** Authority to regulate demand response
- **Jurisdiction:** Arkansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AR Code / Title 23 / Chapter 18 / Subchapter 10 / Section 23-18-1003

## Text

(a) The marketing, selling, or marketing and selling of demand response within the State of Arkansas by electric public utilities or aggregators of retail customers to retail customers or by electric public utilities, aggregators of retail customers, or retail customers into wholesale electricity markets is subject to regulation by: (1) The Arkansas Public Service Commission under Acts 1935, No. 324, as amended; or (2) The local governing authority in the case of a municipally owned electric utility or a consolidated municipal utility improvement district. (b) The commission: (1) May establish the terms and conditions for the marketing, selling, or marketing and selling of demand response by electric public utilities or aggregators of retail customers to retail customers or by electric public utilities, aggregators of retail customers, or retail customers into wholesale electricity markets; and (2) Shall not regulate demand response investments or demand response actions of a retail customer on the customer's side of the electric meter. Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.

(a) The marketing, selling, or marketing and selling of demand response within the State of Arkansas by electric public utilities or aggregators of retail customers to retail customers or by electric public utilities, aggregators of retail customers, or retail customers into wholesale electricity markets is subject to regulation by: (1) The Arkansas Public Service Commission under Acts 1935, No. 324, as amended; or (2) The local governing authority in the case of a municipally owned electric utility or a consolidated municipal utility improvement district.

(1) The Arkansas Public Service Commission under Acts 1935, No. 324, as amended; or

(2) The local governing authority in the case of a municipally owned electric utility or a consolidated municipal utility improvement district.

(b) The commission: (1) May establish the terms and conditions for the marketing, selling, or marketing and selling of demand response by electric public utilities or aggregators of retail customers to retail customers or by electric public utilities, aggregators of retail customers, or retail customers into wholesale electricity markets; and (2) Shall not regulate demand response investments or demand response actions of a retail customer on the customer's side of the electric meter.

(1) May establish the terms and conditions for the marketing, selling, or marketing and selling of demand response by electric public utilities or aggregators of retail customers to retail customers or by electric public utilities, aggregators of retail customers, or retail customers into wholesale electricity markets; and

(2) Shall not regulate demand response investments or demand response actions of a retail customer on the customer's side of the electric meter.

Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.

## Nearby sections

- [Ark. Code Ann. § 23-18-1001 Title](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C18_S10_S23-18-1001.md)
- [Ark. Code Ann. § 23-18-1002 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C18_S10_S23-18-1002.md)
- [Ark. Code Ann. § 23-18-1003 Authority to regulate demand response](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C18_S10_S23-18-1003.md)
- [Ark. Code Ann. § 23-18-1004 Marketing or selling of demand response prohibited](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C18_S10_S23-18-1004.md)
- [Ark. Code Ann. § 23-18-1005 Applicability](https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C18_S10_S23-18-1005.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T23_C18_S10_S23-18-1003. Check the current official text before relying on it. Not legal advice.