Arkansas Public Service Commission Electronic filing User's Agreement
Terms and Conditions for the
Arkansas Public Service Commission's Electronic Filing System
Electronic Filing System or EFS
The Commission's automated system that receives and stores documents filed in electronic form with the Commission. For purposes of this Agreement, use of the term "filing" (or "filings" or "filed" or similar usage) shall include, where appropriate, those documents which are "received" by the Secretary.
An electronic version of information which would otherwise have been filed in paper form. An electronic document has the same legal effect as a paper document.
A filing made by uploading a PDF or other acceptable electronic document directly from the Registered User's computer to the EFS system.
An electronic document is deemed signed when filed by a User or the Commission using a valid login and password.
Notice of Electronic Filing
A notice generated by the Secretary through EFS at the time a document is filed through EFS, setting forth: the time and date of filing; the name of the filing entity; the Registered User filing the document; the type of document; a brief description of the document; the name(s) of the persons on the Official Service List receiving the notice; and a hyperlink to the filed document which allows recipients to retrieve the document electronically. This notification constitutes "service" on all parties on the Official Service List with an electronic mail address pursuant to Rule 3.07. of the Commission's Rules of Practice and Procedure (RPPs).
Portable Document Format (PDF)
A document created with a word processor, or a paper document which has been scanned, must be converted to PDF to be filed electronically with the Commission.
Receipt of Electronic Filing
A receipt automatically generated by the EFS at the time a document is filed through the EFS. In accordance with RPP 3.01(f)(1), a document shall not be considered filed electronically until submitted via EFS and EFS generates a Receipt of Electronic Filing.
Registered User or User
An individual who has registered with the Secretary of the Commission and is permitted to file documents electronically through the EFS system.
A failure of Commission owned/leased hardware, software, or telecommunications facility which results in the inability of a User to submit a filing electronically. "Technical Failure" does not include the malfunctioning of a User's equipment.
All other terms used herein have the meanings assigned in the Rules of Practice and Procedure.
1. Electronic Filing System
The EFS allows an individual to register and receive a unique login and password to permit filing with the Secretary by submitting documents by means of the Internet. The EFS transmits a notice of the filing to the filer and other persons on the Official Service List of the docket by electronic mail, along with a link that takes the persons directly to the document. Registration as a User and use of the EFS constitutes consent to all terms and conditions contained herein.
2. Eligibility to File Electronically
Any individual may register as a User by completing the prescribed registration form available on the Commissionís website and submitting it to the Secretary. The fact that an individual becomes a Registered User shall not in any way alter the Commission's RPPs governing who may represent parties on Commission matters.
3. Registration and Passwords
(a) Registration as a User constitutes consent to electronic service. There is no fee for the electronic notification service and the usage is restricted to official Commission business.
(b) Submitting the EFS Registration Form constitutes certification that the User has read and is familiar with the RPPs governing electronic filing.
(c) The Secretary will e-mail a new Registered User a default login and password to the e-mail address provided in the Userís registration. E-mail distribution of the login validates the accuracy of the e-mail address and confirms that contact information is correct.
(d) A Registered User shall change the default login and password supplied at the Userís initial registration with the EFS and may change the password at any time following registration using the on-line instructions provided on the EFS site.
(e) Once the registration is confirmed by the Secretary, the Registered User shall protect the security of the User login and password and immediately notify the Secretary if the login and password have been put at risk. If a Registered User believes that the security of an existing login or password has been compromised or that a threat to the system exists, the User shall change that password immediately.
(f) If a Registered User desires to withdraw from using the EFS, the Registered User shall provide the Secretary with a notice of withdrawal. The notice shall be in writing and served on the Secretary. Upon receipt, the Secretary shall immediately cancel the User's login and password. Deletion of the User does not, however, remove the party represented by the User from the Official Service List.
(g) A Registered User shall notify the Secretary of a change of e-mail address as soon as possible. The contact information provided at registration will continue to be the official designated contact until affirmative action is taken by the Registered User. Procedures for changing an e-mail address are located on the User's registration screen in EFS.
4. Filing Procedures Generally
(a) E-mailing a document to the Secretary's Office or to any member of the Commission or Commission's staff does not constitute filing the document. A document will not be considered filed until submitted via EFS and the system generates a Receipt of Electronic Filing.
(b) Acceptable formats for documents filed using the EFS are .pdf, .tiff, .xls, .xlsx, .ppt, .pptx, .wmv, .mov. Use of any other document type is expressly forbidden without prior approval of the Secretary. The EFS has no file size limit for any single or multi-part filing; however, Users may encounter loading errors with a large file(s), and are encouraged to divide the file(s) into smaller files if necessary. A User loading a large file(s) is still responsible for ensuring the EFS generates a Receipt of Electronic Filing. Users shall ensure that multi-part files are loaded in the correct order prior to submission. Users shall not load and file multiple documents together (e.g., Application, Motion, Testimony, Affidavit of Non-Disclosure) that should be filed separately. Users are encouraged to contact the Secretary when making large filings or with questions about filing formats.
(c) The User who electronically files a document is responsible for selecting a proposed document type by choosing from list contained in the drop-down menu. The Commission or the Secretary may modify or change that designation.
(d) Users shall verify that scanned documents are legible before the documents are filed electronically with the Commission. In addition, all documents filed through the EFS must be text-searchable. Thus, for any documents provided in non-native file format (e.g. .pdf, .tiff, etc.), such documents must have text rendered with Optical Character Recognition (OCR) software.
(e) No paper copies of electronic documents shall be sent when filings are made electronically.
5. Technical Failures
(a) The Secretary shall deem the EFS site to be subject to a technical failure on a given day if the site is unable to accept filings continuously or intermittently over the course of any period of time greater than one hour during business hours on that day. Known system outages shall be posted on the web site, if possible.
(b) Problems on the filer's end, such as phone line problems, problems with the filer's Internet Service Provider, or hardware or software problems, shall not constitute a technical failure under these procedures nor excuse an untimely filing.
(c) In the event of a technical failure of the Commission's EFS site, documents may be filed in person or by mail.
6. INITIATION OF A DOCKET
(a) The User opening a new Docket shall select the New Docket button and follow the prompts.
(b) Any User opening a new docket shall notify the Secretary of the name, address, telephone number, and e-mail address(es) of the User by submitting the Commission-approved cover sheet required as a part of the initiating document in the docket. The User shall also notify the Secretary of all original parties to whom notification of the filing is required by including that information in the cover sheet.
(c) The User opening the new Docket shall propose a docket type(s) by selecting the correct cover sheet, indicating the type(s) on the cover sheet (where applicable), and shall select the same docket type(s) when prompted by the EFS.
7. Filing Fees
The User shall contact the Secretary for payment arrangements if a filing fee is required. The Commission shall not maintain electronic billing or debit accounts for any person.
Service shall conform to the provisions of RPP 3.07. Whenever a document is filed electronically in accordance with these procedures, the Secretary through EFS shall generate a "Notice of Electronic Filing" to the filing party and any person on the Official Service List with electronic mail address along with a link to the location of the filed document.
9. Correcting Docket Entries
Consistent with RPP 3.01(h)., once a document is filed electronically, corrections to the filing may only be made by the Secretary. The system shall not permit the User to make changes to the document(s) or filing information once the transaction has been submitted. For example, a document may be filed incorrectly as the result of posting the wrong PDF file to a docket entry, selecting the wrong document type from the menu, selecting the wrong docket number and not correcting the error before the submission is completed, etc. The User should not attempt to refile the document. If a filing error is made, the User shall contact the Secretary as soon as possible with the correct document(s) or filing information, as appropriate.