Save the Ozarks filed a Petition for Limited Rehearing with the Arkansas Public Service Commission today, asking the Commission to take the following steps:
- Grant STO’s petition for rehearing;
- Vacate the Commission’s Order 37;
- Not allow SWEPCO to withdraw its application for a Certificate of Environmental Compatibility and Public Need (CECPN) by simple Notice because doing so after the full trial had already been held is arbitrary and not in the interests of justice;
- Deny SWEPCO’s application;
- Declare STO the prevailing party; and
- Award STO its reasonable attorney fees and expenses as the Commission is authorized by the Legislature’s broad grant of authority in Ark. Code § 23-2-301.
Seven minutes after STO filed its petition this afternoon, SWEPCO filed a Motion for Limited Rehearing, asking the Commission to grant the motion and to strike STO’s Surreply. This is SWEPCO’s second attempt to have STO’s Surreply stricken from the record. On March 18, 2015, SWEPCO, along with its allies, Southwest Power Pool and Arkansas Electric Cooperatives Corporation, made a Motion to Strike STO’s Surreply. However, the Commission made no response.