Supreme Court of Arkansas

Hempstead County Hunting Club, Inc. v. Southwestern Electric Power Company

May 26, 20112011 Ark. LEXIS 214

Summary

The court held that Hempstead was required to present its claims to the Arkansas Public Service Commission in the first instance and exhaust administrative remedies before seeking judicial relief. The Commission had primary jurisdiction over whether the utility was required to obtain a certificate, whether it waived an exemption, and whether a separate certificate was required. Because those issues belonged initially to the Commission, the court declined to provide advisory answers to the second and third certified questions as originally posed.