Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 7 - Practice and Procedure › Rule 199-7.1 - Scope and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1) This
			 chapter applies to contested case proceedings, investigations, and other
			 proceedings conducted by the commission or a presiding officer, unless the
			 proceedings have specific procedures established in commission rules. If there
			 are no other applicable procedural rules, this chapter applies to other types
			 of agency action, unless the commission or presiding officer orders otherwise.
			 The rules in this chapter regarding the content and format of pleadings,
			 testimony, workpapers, and other supporting documents apply to both paper
			 filings and electronic filings made pursuant to 199-Chapter 14. The rules in
			 this chapter regarding filing, service, and number of copies required apply to
			 paper filings. Electronically filed documents shall be filed and served
			 according to 199-Chapter 14. The commission has established additional
			 procedural requirements in other chapters as described in subrules 7.1(2)
			 through 7.1(5).
(2) Additional
			 rules applicable only to rate cases, tariff filings, and rate regulation
			 election by rural electric cooperatives are contained in 199-Chapter
			 26.
(3) Notice of inquiry dockets
			 and investigations. The commission may issue a notice of inquiry or open an
			 investigation and establish a docket through which the inquiry or investigation
			 can be processed. The procedural rules in this chapter shall apply to these
			 dockets, unless otherwise ordered by the commission or presiding
			 officer.
(4) Reorganizations.
			 Procedural rules applicable to reorganizations are included in 199-32.9 (476).
			 In the event the requirements in 199-32.9 (476) conflict with the requirements
			 in this chapter, the 199-32.9 (476) requirements are controlling.
(5) Discontinuance of service incident to
			 utility property transfer. This subrule does not apply to telecommunications
			 service providers registered with the commission pursuant to Iowa Code section
			 476.95A.
a.
Scope.
This rule
			 applies to discontinuance of utility service pursuant to Iowa Code section
			 476.20(1), which includes the termination or transfer of the right and duty to
			 provide utility service to a community or part of a community incident to the
			 transfer, by sale or otherwise, except a stock transfer incident to corporate
			 reorganization. This rule does not limit rights or obligations created by other
			 applicable statutes or rules.
b.
Application.
A public utility shall obtain commission approval
			 prior to discontinuance of utility service. The public utility shall file an
			 application for permission to discontinue service that includes a summary of
			 the relevant facts and the grounds upon which the application should be
			 granted. When the discontinuance of service is incident to the transfer of
			 utility property, the transferor utility and the transferee shall file a joint
			 application.
c.
Approval.
Within 30 days after an application is filed, the
			 commission shall approve the application or docket the application for further
			 investigation. Failure to act on the application within 30 days will be deemed
			 approval of the application.
d.
Contested cases.
Contested cases under paragraph
"c"
shall be completed within four months after date of
			 docketing.
e.
Criteria.
The application will be granted if the commission
			 finds the utility service is no longer necessary, or if the commission finds
			 the transferee is ready, willing, and able to provide comparable utility
			 service.