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2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.44 - Exceptions.

476.44 Exceptions.
1. The board shall not require an electric utility to purchase or wheel electricity from an alternate energy production facility or small hydro facility unless the facility is owned or operated by an individual, firm, partnership, corporation, company, association, joint stock association, city, town, or county that meets both of the following:
a. Is not primarily engaged in the business of producing or selling electricity, gas, or useful thermal energy other than electricity, gas, or useful thermal energy sold solely from alternate energy production facilities or small hydro facilities.
b. Does not sell electricity, gas, or useful thermal energy to residential users other than the tenants or the owner or operator of the facility.
2. a. An electric utility subject to this subchapter, except a utility that elects rate regulation pursuant to section 476.1A, shall not be required to own or purchase, at any one time, more than its share of one hundred five megawatts of power from alternate energy production facilities or small hydro facilities at the rates established pursuant to section 476.43. The board shall allocate the one hundred five megawatts based upon each utility’s percentage of the total Iowa retail peak demand, for the year beginning January 1, 1990, of all utilities subject to this section. If a utility undergoes reorganization as defined in section 476.76, the board shall combine the allocated purchases of power for each utility involved in the reorganization.
b. Notwithstanding the one hundred five megawatt maximum, the board may increase the amount of power that a utility is required to own or purchase at the rates established pursuant to section 476.43 if the board finds that a utility, including a reorganized utility, exceeds its 1990 Iowa retail peak demand by twenty percent and the additional power the utility is required to purchase will encourage the development of alternate energy production facilities and small hydro facilities. The increase shall not exceed the utility’s increase in peak demand multiplied by the ratio of the utility’s share of the one hundred five megawatt maximum to its 1990 Iowa retail peak demand.
83 Acts, ch 182, §5; 90 Acts, ch 1252, §38; 92 Acts, ch 1163, §97; 92 Acts, ch 1166, §1; 2003 Acts, ch 29, §3, 6; 2008 Acts, ch 1032, §106; 2014 Acts, ch 1026, §143; 2018 Acts, ch 1026, §145
Referred to in §476.1B, 476.43
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.44A - Trading of credits.

476.44A Trading of credits.
The board may establish or participate in a program to track, record, and verify the trading of credits or attributes relating to electricity generated from alternate energy production facilities or renewable energy sources among electric generators, utilities, and other interested entities, within this state and with similar entities in other states.
2008 Acts, ch 1128, §14, 15; 2008 Acts, ch 1133, §6, 9; 2008 Acts, ch 1191, §129
Referred to in §476.1B
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.45 - Exemption from excess capacity.

476.45 Exemption from excess capacity.
Capacity of an alternate energy production facility or small hydro facility, that is owned or purchased by an electric utility, shall not be included in a calculation of an electric utility’s excess generating capacity for ratemaking purposes.
83 Acts, ch 182, §6; 2003 Acts, ch 29, §4, 6
Referred to in §476.1B
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.46 - Alternate energy revolving loan program.

476.46 Alternate energy revolving loan program.
1. The Iowa energy center created under section 15.120 shall establish and administer an alternate energy revolving loan program to encourage the development of alternate energy production facilities and small hydro facilities within the state.
2. a. An alternate energy revolving loan fund is created in the office of the treasurer of state to be administered by the Iowa energy center.
b. The fund shall include moneys appropriated or otherwise directed to the fund.
c. Moneys in the fund shall be used to provide loans for the construction of alternate energy production facilities or small hydro facilities as defined in section 476.42.
d. (1) A gas or electric utility that is not required to be rate-regulated shall not be eligible for a loan under this section. However, gas and electric utilities not required to be rate-regulated shall be eligible for loans from moneys remitted to the fund. Such loans shall be limited to a maximum of five hundred thousand dollars per applicant and shall be limited to one loan every two years.
(2) A facility shall be eligible for no more than one million dollars in loans outstanding at any time under this program.
e. (1) Each loan shall be for a period not to exceed twenty years, shall bear no interest, and shall be repayable to the fund created under this section in installments as determined by the Iowa energy center. The interest rate upon delinquent payments shall accelerate immediately to the current legal usury limit.
(2) Any loan made pursuant to this program shall become due for payment upon sale of the facility for which the loan was made.
(3) Interest on the fund shall be deposited in the fund.
f. Section 8.33 shall not apply to the moneys in the fund.
3. The Iowa energy center shall not initiate any new loans under this section after June 30, 2021.
4. Loan payments received under this section on or after July 1, 2021, and any other moneys in the fund on or after July 1, 2021, shall be deposited in the energy infrastructure revolving loan fund created in section 476.46A.
96 Acts, ch 1196, §11; 2002 Acts, ch 1109, §4; 2008 Acts, ch 1126, §31, 33; 2009 Acts, ch 173, §35, 36; 2017 Acts, ch 169, §42, 43, 49; 2018 Acts, ch 1026, §146; 2019 Acts, ch 59, §173; 2021 Acts, ch 177, §31, 32
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.46A - Energy infrastructure revolving loan program.

476.46A Energy infrastructure revolving loan program.
1. a. An energy infrastructure revolving loan fund is created in the office of the treasurer of state and shall be administered by the Iowa energy center established in section 15.120.
b. The fund may be administered as a revolving fund and may consist of any moneys appropriated by the general assembly for purposes of this section and any other moneys that are lawfully directed to the fund.
c. Moneys in the fund shall be used to provide financial assistance for the development and construction of energy infrastructure, including projects that support electric or gas generation transmission, storage, or distribution; electric grid modernization; energy-sector workforce development; emergency preparedness for rural and underserved areas; the expansion of biomass, biogas, and renewable natural gas; innovative technologies; and the development of infrastructure for alternative fuel vehicles.
d. Notwithstanding section 8.33, moneys appropriated in this section that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.
e. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.
2. a. The Iowa energy center shall establish and administer an energy infrastructure revolving loan program to encourage the development of energy infrastructure within the state.
b. An individual, business, rural electric cooperative, or municipal utility located and operating in this state shall be eligible for financial assistance under the program. With the approval of the Iowa energy center governing board established under section 15.120, subsection 2, the economic development authority shall determine the amount and the terms of all financial assistance awarded to an individual, business, rural electric cooperative, or municipal utility under the program. All agreements and administrative authority shall be vested in the Iowa energy center governing board.
c. The economic development authority may use not more than five percent of the moneys in the fund at the beginning of each fiscal year for purposes of administrative costs, marketing, technical assistance, and other program support.
3. For the purposes of this section:
a. “Energy infrastructure” means land, buildings, physical plant and equipment, and services directly related to the development of projects used for, or useful for, electricity or gas generation, transmission, storage, or distribution.
b. “Financial assistance” means the same as defined in section 15.102.
2021 Acts, ch 177, §33
Referred to in §476.46
Section not amended; editorial change applied
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.47 - Alternate energy purchase programs.

476.47 Alternate energy purchase programs.
1. Beginning January 1, 2004, an electric utility, whether or not rate-regulated under this chapter, shall offer an alternate energy purchase program to customers, based on energy produced by alternate energy production facilities in Iowa.
2. The board shall require electric utilities to file plans for alternate energy purchase programs offered pursuant to this section.
a. Rate-regulated electric utilities shall file plans for alternate energy purchase programs that allow customers to contribute voluntarily to the development of alternate energy in Iowa, and shall file tariffs as required by the board by rule.
b. Electric utilities that are not rate-regulated shall offer alternate energy purchase programs at rates determined by their governing authority, and shall file tariffs with the board for informational purposes only.
3. The electric utility shall notify consumers of its alternate energy purchase program and any proposed modifications to such program at least sixty days prior to implementation of the program or any modification.
4. For purposes of this section, an electric utility may base its program on energy produced by alternate energy production facilities located outside of Iowa under any of the following circumstances:
a. The energy is purchased by the electric utility pursuant to a contract in effect prior to July 1, 2001, and continues until the expiration of the contract, including any options to renew that are exercised by the electric utility.
b. The electric utility has a financial interest, as of July 1, 2001, in the alternate energy production facility that is located outside of Iowa, or in an entity that has a financial interest in an alternate energy production facility located outside of Iowa.
c. The energy is purchased by an electric utility that is not rate-regulated and that is required to purchase all of its electric power requirements from a single supplier that is physically located outside of Iowa.
5. This section shall not apply to non-rate-regulated electric utilities physically located outside of Iowa that serve Iowa customers.
6. Any consumer-owned utility may apply to the board for a waiver under this section, and the board, for good cause, may grant the waiver.
2001 Acts, 1st Ex, ch 4, §11, 36
Referred to in §476.1A, 476.1B, 476.49
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.51 - Civil penalty.

476.51 Civil penalty.
1. A public utility which, after written notice by the board of a specific violation, violates the same provision of this chapter, the same rule adopted by the board, or the same provision of an order lawfully issued by the board, is subject to a civil penalty, which may be levied by the board, of not less than one hundred dollars nor more than two thousand five hundred dollars per violation.
2. A public utility which willfully, after written notice by the board of a specific violation, violates the same provision of this chapter, the same rule adopted by the board, or the same provision of an order lawfully issued by the board, is subject to a civil penalty, which may be levied by the board, of not less than one thousand dollars nor more than ten thousand dollars per violation. For the purposes of this section, “willful” means knowing and deliberate, with a specific intent to violate.
3. Each violation is a separate offense. In the case of a continuing violation, each day a violation continues, after the time specified for compliance in the written notice by the board, is a separate and distinct offense. Any civil penalty may be compromised by the board. In determining the amount of the penalty, or the amount agreed upon in a compromise, the board may consider the appropriateness of the penalty in relation to the size of the public utility, the gravity of the violation, and the good faith of the public utility in attempting to achieve compliance following notification of a violation, and any other relevant factors.
4. The written notice given by the board to a public utility under this section shall specify an appropriate time for compliance.
5. Civil penalties collected pursuant to this section from utilities providing water, electric, or gas service shall be forwarded by the chief operating officer of the board to the treasurer of state to be credited to the general fund of the state and to be used only for the low income home energy assistance program and the weatherization assistance program administered by the division of community action agencies of the department of human rights. Civil penalties collected pursuant to this section from utilities providing telecommunications service shall be forwarded to the treasurer of state to be credited to the department of commerce revolving fund created in section 546.12 to be used only for consumer education programs administered by the board. Penalties paid by a rate-regulated public utility pursuant to this section shall be excluded from the utility’s costs when determining the utility’s revenue requirement, and shall not be included either directly or indirectly in the utility’s rates or charges to customers.
83 Acts, ch 127, §34; 88 Acts, ch 1134, §92; 91 Acts, ch 260, §1238; 92 Acts, ch 1084, §1; 94 Acts, ch 1107, §81; 2003 Acts, ch 126, §4; 2009 Acts, ch 181, §48; 2018 Acts, ch 1160, §14
Referred to in §476.1A, 476.1B, 476.1C, 476.2, 476.20, 476.95A, 476.103
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.52 - Management efficiency.

476.52 Management efficiency.
1. It is the policy of this state that a public utility shall operate in an efficient manner.
2. If the board determines in the course of a proceeding conducted under section 476.3 or 476.6 that a utility is operating in an inefficient manner, or is not exercising ordinary, prudent management, or in comparison with other utilities in the state the board determines that the utility is performing in a less beneficial manner than other utilities, the board may reduce the level of profit or adjust the revenue requirement for the utility to the extent the board believes appropriate to provide incentives to the utility to correct its inefficient operation.
3. If the board determines in the course of a proceeding conducted under section 476.3 or 476.6 that a utility is operating in such an extraordinarily efficient manner that tangible financial benefits result to the ratepayer, the board may increase the level of profit or adjust the revenue requirement for the utility.
4. In making its determination under this section, the board may also consider a public utility’s pursuit of energy efficiency programs. The board shall adopt rules for determining the level of profit or the revenue requirement adjustment that would be appropriate. The board shall also adopt rules establishing a methodology for an analysis of a utility’s management efficiency.
83 Acts, ch 127, §35; 89 Acts, ch 297, §11; 2018 Acts, ch 1041, §99
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.53A - Renewable electric power generation.

476.53A Renewable electric power generation.
It is the intent of the general assembly to encourage the development of renewable electric power generation. It is also the intent of the general assembly to encourage the use of renewable power to meet local electric needs and the development of transmission capacity to export wind power generated in Iowa.
2011 Acts, ch 115, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.54 - Delayed payment charges.

476.54 Delayed payment charges.
A public utility shall not apply delayed payment charges on a customer’s account if the scheduled payment was made by the customer within twenty days from the date the billing was sent to the customer. Delayed payment charges on a customer’s account shall not exceed one and one-half percent per month of the past-due amount. This section shall not apply to telecommunications service providers registered pursuant to section 476.95A.
83 Acts, ch 127, §37; 2018 Acts, ch 1160, §16
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.55 - Complaint of antitrust activities.

476.55 Complaint of antitrust activities.
1. An application for new or changed rates, charges, schedules, or regulations filed under this chapter, or an application for a certificate or an amendment to a certificate submitted under chapter 476A, by an electric transmission line utility or a gas pipeline utility or a subsidiary of either shall not be approved by the board if, upon complaint by an Iowa electric or gas utility, the board finds activities which create or maintain a situation inconsistent with antitrust laws and the policies which underlie them. The board may grant the rate or facility certification request once it determines that those activities which led to the antitrust complaint have been eliminated. However, this subsection does not apply to an application for new or changed rates, charges, schedules, or regulations after the expiration of the ten-month limitation and applicable extensions.
2. a. Notwithstanding section 476.1D, the board may receive a complaint from a local exchange carrier that another local exchange carrier has engaged in an activity that is inconsistent with antitrust laws and the policies which underlie them. For purposes of this subsection, “local exchange carrier” means the same as defined in section 476.96, Code 2017, and includes a city utility authorized pursuant to section 388.2 to provide local exchange services. If, after notice and opportunity for hearing, the board finds that a local exchange carrier has engaged in an activity that is inconsistent with antitrust laws and the policies which underlie them, the board may order any of the following:
(1) The local exchange carrier to adjust retail rates in an amount sufficient to correct the antitrust activity.
(2) The local exchange carrier to pay any costs incurred by the complainant for the pursuit of the complaint.
(3) The local exchange carrier to pay a civil penalty.
(4) Either the local exchange carrier or the complainant to pay the costs of the complaint proceeding before the board, and the other party’s reasonable attorney fees.
b. This subsection shall not be construed to modify, restrict, or limit the right of a person to bring a complaint under any other provision of this chapter.
83 Acts, ch 127, §38; 2005 Acts, ch 9, §2; 2011 Acts, ch 25, §143; 2020 Acts, ch 1063, §265
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.56 - Energy costs provided.

476.56 Energy costs provided.
A gas or electric public utility shall provide, upon the request of a person who states in writing that the person is an owner of real property, or an interested prospective purchaser or renter of the property, which is or has been receiving gas or electric service from the public utility, the annual gas or electric energy costs for the property.
88 Acts, ch 1174, §3
Referred to in §476.1A, 476.1B
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.62 - Energy-efficient lighting required.

476.62 Energy-efficient lighting required.
All public utility-owned exterior flood lighting, including but not limited to street and security lighting, shall be replaced when worn-out exclusively with high pressure sodium lighting or lighting with equivalent or better energy efficiency as approved in rules adopted by the board.
89 Acts, ch 297, §12
Referred to in §474.5, 476.1A, 476.1B
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.63 - Energy efficiency programs.

476.63 Energy efficiency programs.
The division shall consult with the economic development authority in the development and implementation of public utility energy efficiency programs.
89 Acts, ch 297, §13; 90 Acts, ch 1252, §39; 2009 Acts, ch 108, §39, 41; 2011 Acts, ch 118, §50, 89
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.66 - Customer contribution fund.

476.66 Customer contribution fund.
1. The utilities board shall adopt rules which shall require each electric and gas public utility to establish a fund whose purposes shall include the receiving of contributions to assist the utility’s low-income customers with weatherization measures to improve energy efficiency related to winter heating and summer cooling, and to supplement the energy assistance received under the federal low-income home energy assistance program for the payment of winter heating electric or gas utility bills.
2. The rules shall require each utility to periodically notify its customers of the availability and purpose of the fund and to provide them with forms on which they can authorize the utility to bill their contribution to the fund on a monthly basis.
3. The rules shall permit the fund to accept matching funds from persons or organizations who wish to provide assistance for customers of the utility.
4. The utility may be reimbursed by the fund for the administrative costs of the billings, disbursements, notices to customers, and financial recordkeeping. However, such reimbursement shall not exceed five percent of the total revenues collected.
5. The utility shall establish a board or committee to determine the appropriate distribution of the funds. The board or committee shall include representatives from community or regional organizations which are active in assisting citizens with payment of their winter heating bills.
6. The rules established by the utilities board shall require an annual report to be filed for each fund. The utilities board shall compile an annual statewide report of the fund results. The division of community action agencies of the department of human rights shall prepare an annual report of the unmet need for energy assistance and weatherization. Both reports shall be submitted to the appropriations committees of the general assembly on the first day of the following session.
7. Existing programs to receive customer contributions established by public utilities shall be construed to meet the requirements of this section. Such plans shall be subject to review by the utilities board.
88 Acts, ch 1175, §3; 92 Acts, ch 1155, §1; 2002 Acts, ch 1119, §177
Referred to in §216A.102, 476.1A, 476.1B
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.71 - Purpose.

476.71 Purpose.
It is the intent of the general assembly that a public utility should not directly or indirectly include in regulated rates or charges any costs or expenses of an affiliate engaged in any business other than that of utility business unless the affiliate provides goods or services to the public utility. The costs that are included should be reasonably necessary and appropriate for utility business. It is also the intent of the general assembly that a public utility should only provide nonutility services in a manner that minimizes the possibility of cross-subsidization or unfair competitive advantage.
89 Acts, ch 103, §2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.72 - Definitions.

476.72 Definitions.
As used in this subchapter, unless the context otherwise requires:
1. “Affiliate” means a party that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a rate-regulated public utility.
2. “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an enterprise through ownership, by contract or otherwise.
3. “Nonutility service” includes the sale, lease, or other conveyance of commercial and residential gas or electric appliances, interior lighting systems and fixtures, or heating, ventilating, or air conditioning systems and component parts or the servicing, repair, or maintenance of such equipment.
4. “Public utility” means a rate-regulated public utility providing electric, gas, water, sanitary sewage, or storm water drainage service, or any combination thereof.
5. “Utility business” means the generation or transmission of electricity or furnishing of gas or furnishing electricity to the public for compensation.
89 Acts, ch 103, §3; 2014 Acts, ch 1026, §143; 2014 Acts, ch 1099, §9; 2018 Acts, ch 1024, §2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.73 - Affiliate records.

476.73 Affiliate records.
1. Access to records. Every public utility and affiliate through the public utility shall provide the board with access to books, records, accounts, documents, and other data and information which the board finds necessary to effectively implement and effectuate the provisions of this chapter.
2. Separate records. The board may require affiliates of a public utility to keep separate records and the board may provide for the examination and inspection of the books, accounts, papers, and records, as may be necessary to enforce this chapter.
3. Allocation permitted. The board may inquire as to and prescribe, for ratemaking purposes, the allocation of capitalization, earnings, debts, and expenses related to ownership, operation, or management of affiliates.
89 Acts, ch 103, §4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.75 - Audits required.

476.75 Audits required.
The board may periodically retain a nationally or regionally recognized independent auditing firm to conduct an audit of the transactions between a public utility and its affiliates. An affiliate transaction audit shall not be conducted more frequently than every three years, unless ordered by the board for good cause. The cost of the audit shall be paid by the public utility to the independent auditing firm and shall be included in its regulated rates and charges, unless otherwise ordered by the board for good cause after providing the public utility the opportunity for a hearing on the board’s decision.
89 Acts, ch 103, §6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.76 - Reorganization defined.

476.76 Reorganization defined.
For purposes of this subchapter unless the context otherwise requires, “reorganization” means either of the following:
1. The acquisition, sale, lease, or any other disposition, directly or indirectly, including by merger or consolidation, of the whole or any substantial part of a public utility’s assets.
2. The purchase or other acquisition or sale or other disposition of the controlling capital stock of any public utility, either directly or indirectly.
89 Acts, ch 103, §7; 2014 Acts, ch 1026, §143
Referred to in §476.44
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.77 - Time and standards for review.

476.77 Time and standards for review.
1. A reorganization shall not take place if the board disapproves. Prior to reorganization, the applicant shall file with the board a proposal for reorganization with supporting testimony and evidence to establish that the reorganization is not contrary to the interests of the public utility’s ratepayers and the public interest.
2. A proposal for reorganization shall be deemed to have been approved unless the board disapproves the proposal within ninety days after its filing. The board, for good cause shown, may extend the deadline for acting on an application for an additional period not to exceed ninety days. However, the board shall not disapprove a proposal for reorganization without providing for notice and opportunity for hearing. The notice of hearing shall be provided no later than fifty days after the proposal for reorganization has been filed.
3. In its review of a proposal for reorganization, the board may consider all of the following:
a. Whether the board will have reasonable access to books, records, documents, and other information relating to the public utility or any of its affiliates.
b. Whether the public utility’s ability to attract capital on reasonable terms, including the maintenance of a reasonable capital structure, is impaired.
c. Whether the ability of the public utility to provide safe, reasonable, and adequate service is impaired.
d. Whether ratepayers are detrimentally affected.
e. Whether the public interest is detrimentally affected.
4. The board may adopt rules which exempt a public utility or class of public utility or class of reorganization from this section if the board finds that with respect to the public utility or class of public utility or class of reorganization review is not necessary in the public interest. The board may adopt rules necessary to protect the interest of the customers of the exempt public utility. These rules may include, but are not limited to, notification of a proposed sale or transfer of assets or stock. The board may waive the requirements of this section, if the board finds that board review is not necessary in the public interest.
89 Acts, ch 103, §8; 91 Acts, ch 68, §1; 98 Acts, ch 1097, §1, 2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.78 - Cross-subsidization prohibited.

476.78 Cross-subsidization prohibited.
A public utility shall not directly or indirectly include any costs or expenses attributable to providing nonutility service in regulated rates or charges. Except for contracts existing as of July 1, 1996, a public utility or its affiliates shall not use vehicles, service tools and instruments, or employees, the costs, salaries, or benefits of which are recoverable in the regulated rates for electric service or gas service to install, service, or repair residential or commercial gas or electric heating, ventilating, or air conditioning systems, or interior lighting systems and fixtures; or to sell at retail heating, ventilating, air conditioning, or interior lighting equipment. For the purpose of this section, “commercial” means a place of business primarily used for the storage or sale, at wholesale or retail, of goods, wares, services, or merchandise. Nothing in this section shall be construed to prohibit a public utility from using its utility vehicles, service tools and instruments, and employees to market systems, services, and equipment, to light pilots, or to eliminate a customer emergency or threat to public safety.
89 Acts, ch 103, §9; 96 Acts, ch 1196, §12; 2014 Acts, ch 1099, §10
Referred to in §476.83
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.79 - Provision of nonutility service.

476.79 Provision of nonutility service.
1. A public utility providing any nonutility service to its customers shall keep and render to the board separate records of the nonutility service. The board may provide for the examination and inspection of the books, accounts, papers, and records of the nonutility service, as may be necessary, to enforce any provisions of this chapter.
2. The board shall adopt rules which specify the manner and form of the accounts relating to providing nonutility services which the public utility shall maintain.
89 Acts, ch 103, §10; 2014 Acts, ch 1099, §11
Referred to in §476.83
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.80 - Additional requirements.

476.80 Additional requirements.
A public utility which engages in a systematic marketing effort as defined by the board, other than on an incidental or casual basis, to promote the availability of nonutility service from the public utility shall make available at reasonable compensation on a nondiscriminatory basis to all persons engaged primarily in providing the same competitive nonutility services in that area all of the following services to the same extent utilized by the public utility in connection with its nonutility services:
1. Access to and use of the public utility’s customer lists.
2. Access to and use of the public utility’s billing and collection system.
3. Access to and use of the public utility’s mailing system.
89 Acts, ch 103, §11; 2014 Acts, ch 1099, §12
Referred to in §105.11, 476.81, 476.82, 476.83
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.81 - Audit required.

476.81 Audit required.
The board may periodically retain a nationally or regionally recognized independent auditing firm to conduct an audit of the nonutility services provided by a public utility subject to the provisions of section 476.80. A nonutility service audit shall not be conducted more frequently than every three years, unless ordered by the board for good cause. The cost of the audit shall be paid by the public utility to the independent auditing firm and shall be included in its regulated rates and charges, unless otherwise ordered by the board for good cause after providing the public utility the opportunity for a hearing on the board’s decision.
89 Acts, ch 103, §12; 2014 Acts, ch 1099, §13
Referred to in §476.82
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.82 - Exemption — energy efficiency.

476.82 Exemption — energy efficiency.
Notwithstanding any language to the contrary, nothing in this subchapter shall prohibit a public utility from participating in or conducting energy efficiency projects or programs established or approved by the board or required by statute. A public utility participating in or conducting energy efficiency projects or programs established or approved by the board or required by statute shall not be subject to the provisions of sections 476.80 and 476.81 for those energy efficiency projects or programs.
89 Acts, ch 103, §13; 2014 Acts, ch 1026, §143
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.83 - Complaints.

476.83 Complaints.
Any person may file a written complaint with the board requesting that the board determine compliance by a public utility with the provisions of section 476.78, 476.79, or 476.80, or any validly adopted rules to implement these sections. Upon the filing of a complaint, the board may promptly initiate a formal complaint proceeding and give notice of the proceeding and the opportunity for hearing. The formal complaint proceeding may be initiated at any time by the board on its own motion. The board shall render a decision in the proceeding within ninety days after the date the written complaint was filed, unless additional time is requested by the complainant.
89 Acts, ch 103, §14; 96 Acts, ch 1196, §13; 2014 Acts, ch 1099, §14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.86 - Definitions.

476.86 Definitions.
As used in this section and section 476.87, unless the context otherwise requires:
1. “Aggregator” means a person who combines retail end users into a group and arranges for the acquisition of competitive natural gas services without taking title to those services.
2. a. “Competitive natural gas provider” means a person who takes title to natural gas and sells it for consumption by a retail end user in the state of Iowa. “Competitive natural gas provider” includes an affiliate of an Iowa gas utility.
b. “Competitive natural gas provider” does not include the following:
(1) A public utility which is subject to rate regulation under this chapter.
(2) A municipally owned utility which provides natural gas service within its incorporated area or within the municipal natural gas competitive service area, as defined in section 437A.3, subsection 22, paragraph “a”, subparagraph (1), in which the municipally owned utility is located.
99 Acts, ch 20, §2, 6; 99 Acts, ch 208, §57, 74; 2018 Acts, ch 1041, §100
Referred to in §331.301, 364.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.87 - Certification of competitive natural gas providers.

476.87 Certification of competitive natural gas providers.
1. The board shall certify all competitive natural gas providers and aggregators providing natural gas services in this state. In an application for certification, a competitive natural gas provider or aggregator must reasonably demonstrate managerial, technical, and financial capability sufficient to obtain and deliver the services such provider or aggregator proposes to offer. The board may establish reasonable conditions or restrictions on the certificate at the time of issuance. The board shall adopt rules to establish specific criteria for certification. The board shall make a determination on an application for certification within ninety days of its submission, unless the board determines that additional time is necessary to consider the application, in which case the board may extend the time for making a determination for an additional sixty days.
2. The board may resolve disputes involving the provision of natural gas services by a competitive natural gas provider or aggregator.
3. The board shall allocate the costs and expenses reasonably attributable to certification and dispute resolution in this section to persons identified as parties to such proceeding who are engaged in or who seek to engage in providing natural gas services or other persons identified as participants in such proceeding. The funds received for the costs and the expenses of certification and dispute resolution shall be remitted to the treasurer of state for deposit in the department of commerce revolving fund created in section 546.12 as provided in section 476.10.
99 Acts, ch 20, §3, 6; 2009 Acts, ch 181, §49
Referred to in §476.86
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.91 - Alternative operator services.

476.91 Alternative operator services.
1. Definitions. As used in this section, unless the context otherwise requires:
a. “Alternative operator services company” means a nongovernmental company which receives more than half of its Iowa intrastate telecommunications services revenues from calls placed by end-user customers from telephones other than ordinary residence or business telephones. The definition is further limited to include only companies which provide operator assistance, either through live or automated intervention, on calls placed from other than ordinary residence or business telephones, and does not include services provided under contract to rate-regulated local exchange utilities.
b. “Contracting entity” means an entity providing telephones other than ordinary residence or business telephones for use by end-user customers which has contracted with an alternative operator services company to provide telecommunications services to those telephones.
c. “End-user customer” means a person who places a local or toll call.
d. “Other than ordinary residence or business telephones” means telephones other than the residence or business telephones of the customary users of the telephones, including but not limited to pay telephones and telephones in motel, hotel, hospital, and college dormitory rooms.
2. Jurisdiction. Notwithstanding any finding by the board that a service or facility is subject to competition and should be deregulated pursuant to section 476.1, all intrastate telecommunications services provided by alternative operator services companies to end-user customers, using other than ordinary residence or business telephones, are subject to the jurisdiction of the board and shall be rendered pursuant to tariffs approved by the board. Alternative operator services companies shall be subject to all requirements and sanctions provided in this chapter. Contracting entities shall be subject to the requirements of any board regulations concerning telecommunications services provided by alternative operator services companies.
3. Requirements. The board shall adopt and enforce requirements for the provision of services by alternative operator services companies and contracting entities.
4. Billing by local exchange utilities. Notwithstanding any finding by the board that a service or facility is subject to competition and should be deregulated pursuant to section 476.1, a regulated local exchange utility shall not perform billing and collection functions relating to regulated telecommunications services provided by an alternative operator services company, unless the alternative operator services company has filed a statement with the local exchange utility signed by a corporate officer, or other authorized person having personal knowledge, that all regulated telecommunications services to be billed shall be rendered pursuant to tariffs approved by the board.
89 Acts, ch 95, §1
Referred to in §476.95
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.95 - Internet protocol-enabled service and voice over internet protocol service — regulation.

476.95 Internet protocol-enabled service and voice over internet protocol service — regulation.
1. For purposes of this section:
a. “Internet protocol-enabled service” means any service, capability, functionality, or application that uses internet protocol or any successor protocol and enables an end user to send or receive voice, data, or video communications in internet protocol format or a successor format.
b. “Political subdivision” means the same as defined in section 145A.2.
c. “Voice over internet protocol service” means an internet protocol-enabled service that facilitates real-time, two-way voice communication that originates from, or terminates at, a user’s location and permits the user to receive a call that originates from the public switched telephone network and to terminate a call on the public switched telephone network.
2. Notwithstanding any other provision of law to the contrary, a department, agency, board, or political subdivision of the state shall not regulate, by rule, order, or other means directly or indirectly, the entry, rates, terms, or conditions for internet protocol-enabled service or voice over internet protocol service.
3. This section shall not be construed to affect, modify, limit, or expand any of the following:
a. The authority of the attorney general to take any action pursuant to chapter 537 or section 714.16.
b. The application or enforcement of any law that is intended to have general application to the conduct of business in this state.
c. Any entity’s obligation under section 251 or 252 of the federal Telecommunications Act of 1996.
d. Any authority of the board over wholesale telecommunications services, rates, agreements, interconnection, providers, or tariffs.
e. Any authority of the board to address or affect the resolution of a dispute regarding intercarrier compensation.
f. Any authority of the board, in accordance with state and federal law, to assess voice over internet protocol service for any of the following:
(1) Surcharges for 911 emergency services under section 34A.7.
(2) Assessments for dual party relay service under section 477C.7.
(3) Direct costs under section 476.10 and a share of remainder assessments that reflect the service’s lesser degree of regulation.
g. Any authority of the board to regulate internet protocol-enabled service or voice over internet protocol service pursuant to section 476.91.
95 Acts, ch 199, §6; 2018 Acts, ch 1160, §17
Referred to in §476.1B
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.95A - Annual registration for telecommunications service providers.

476.95A Annual registration for telecommunications service providers.
1. A provider of telecommunications service, as defined in section 476.103, offering telephone numbers to retail customers in this state shall register annually with the board.
2. An applicant shall complete an application for registration on a form provided by the board. The form shall include contact information, the approximate number of service lines provided in the state, and any other information deemed necessary by the board.
3. Within five business days of the receipt of a completed application for registration, the board shall issue a nonexclusive acknowledgment of compliance with this section. The acknowledgment shall authorize the registrant to obtain telephone numbers, interconnect with other telecommunications service providers, cross railroad rights-of-way pursuant to section 476.27, and provide telecommunications service in this state. An acknowledgment may be transferred by filing a new or updated registration form.
4. A registrant shall submit to the board corrections to the information supplied in the registration form within a reasonable time after a change in circumstances, which circumstances would be required to be reported in an application for registration form.
5. Refusal to file and maintain an annual registration pursuant to this section is a violation of this chapter and may subject a telecommunications service provider to a civil penalty pursuant to section 476.51.
6. Notwithstanding this subsection, the board shall continue to recognize the validity of, and the rights conferred upon, a certificate of public convenience and necessity issued to a telecommunications service provider by the board prior to July 1, 2018.
2018 Acts, ch 1160, §18
Referred to in §476.1B, 476.6, 476.9, 476.10, 476.20, 476.54
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 476 - PUBLIC UTILITY REGULATION › Section 476.95B - Applicability of authority.

476.95B Applicability of authority.
1. The board may exercise any powers reserved or delegated to the state by the federal Telecommunications Act of 1996 or any other federal law, rule, or order thereunder, and may hear and resolve any dispute arising thereunder, including but not limited to intercarrier compensation, interconnection, and number portability.
2. In proceedings under 47 U.S.C. §251–254, the board shall allocate the costs and expenses of the proceedings to persons identified as parties in the proceeding who are engaged in or who seek to engage in providing telecommunications service or other persons identified as participants in the proceeding. The funds received for the costs and the expenses shall be remitted to the treasurer of state for deposit in the department of commerce revolving fund created in section 546.12 as provided in section 476.10.
2018 Acts, ch 1160, §19
Referred to in §476.1B