Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 11 - Electric Lines › Rule 199-11.5 - Petition for a New Franchise

Current through Register Vol. 47, No. 3, July 24, 2024
A single docket will be assigned to a proposed transmission
				line even if the transmission line will be located in more than one county. The
				electric company may request one franchise for the entire transmission line or
				may request separate franchises in each county where the proposed transmission
				line is to be located.
(1)
Petition and exhibits.
A petition for a new franchise shall be
			 filed on forms prescribed by the commission, shall be notarized, and shall have
			 all required exhibits attached. Exhibits in addition to those required by this
			 rule may be attached when appropriate. The petition shall be attested to by an
			 officer, official, or attorney with authority to represent the electric
			 company. The following exhibits shall be filed with the petition:
a.
Exhibit A.
A legal
			 description of the route. The description shall include the name of the county,
			 the maximum and nominal voltages, the beginning point and endpoint of the
			 transmission line, and whether the route is on public, private, or railroad
			 right-of-way. In the case of multicounty projects, the description shall
			 identify all counties involved in the total project and the termini located in
			 other counties. When the route is in or adjacent to the right-of-way of a named
			 road or a railroad, the exhibit shall specifically identify the road or
			 railroad by name.
b.
Exhibit B.
(1) A map showing
			 the route of the transmission line drawn with reasonable accuracy considering
			 the scale. The map may be to any scale appropriate for the level of detail to
			 be shown but may not be smaller than one inch to the mile and shall be legible
			 when printed on paper no larger than 11 by 17 inches. The following minimum
			 information shall be provided:
1. The route of
			 the transmission line which is the subject of the petition, including beginning
			 point and endpoint and, when the transmission line is parallel to a road or
			 railroad, which side the line is on. Line sections with multiple-circuit
			 construction or underbuild shall be designated. The voltage at which other
			 circuits are operated and ownership of other circuits or underbuild shall be
			 indicated.
2. The name of the
			 county, county and section lines, section numbers, and township and range
			 numbers.
3. The location and
			 identity of roads, named streams and bodies of water, and any other pertinent
			 natural or man-made features or landmarks influencing the route.
4. The names and corporate limits of
			 cities.
5. The names and boundaries
			 of any public lands or parks, recreational areas, preserves or wildlife
			 refuges.
6. All electric lines,
			 including lines owned by the electric company, within six-tenths of a mile of
			 the route, including the voltage at which the lines are operated, whether the
			 lines are overhead or buried, and the names and addresses of the owners. Any
			 electric lines to be removed or relocated shall be designated.
7. The location of railroad rights-of-way,
			 including the names and addresses of the owners.
8. The location of airports or landing strips
			 within one mile of the route, along with the names and addresses of the
			 owners.
9. The location of
			 pipelines used for the transportation of any solid, liquid, or gaseous
			 substance, except water, within six-tenths of a mile of the route, along with
			 the names and addresses of the owners.
10. The names and addresses of the owners of
			 telephone, communication, or cable television lines within six-tenths of a mile
			 of the route. The location of these lines need not be shown.
11. The names and addresses of the owners of
			 rural water districts organized pursuant to Iowa Code chapter 357A that have
			 facilities within six-tenths of a mile of the route. The location of these
			 facilities need not be shown.
(2) A map of the entire route to be
			 franchised if the route is located in more than one county or there is more
			 than one map for a county.
c.
Exhibit C.
Technical
			 information and engineering specifications describing typical materials,
			 equipment and assembly methods as specified on forms provided by the
			 commission.
d.
Exhibit
			 D.
The exhibit shall consist of a written text containing the
			 following:
(1) An affidavit with an allegation
			 and supporting information that the transmission line is necessary to serve a
			 public use and represents a reasonable relationship to an overall plan of
			 transmitting electricity in the public interest. Additional substantiated
			 allegations as may be required by Iowa Code section 478.3(2)  shall also be
			 included.
(2) If the route or any
			 portion thereof is not near and parallel to roads or railroad rights-of-way, or
			 along division lines of the lands, according to government surveys, an
			 explanation of why such parallel routing is not practicable or
			 reasonable.
(3) A statement
			 regarding the availability of routes on an existing electric line right-of-way
			 and an explanation of why this route was not selected.
(4) Any other information or explanation in
			 support of the petition.
(5) If a
			 new franchise must be sought for an existing transmission line, historical
			 information regarding the prior franchise.
(6) The status of any other authorizations
			 the electric company is required to obtain to construct the proposed
			 transmission line.
e.
Exhibit E.
This exhibit is required only if the petition
			 requests the right of eminent domain. This exhibit shall be in its final form
			 prior to issuance of the official notice by the commission and approval of the
			 eminent domain notice required by Iowa Code section 478.6(2). The exhibit shall
			 consist of a map of the route showing the location of each property for which
			 the right of eminent domain is sought, and for each property:
(1) The legal description of the
			 property.
(2) The legal description
			 of the desired easement.
(3) A
			 specific description of the easement rights being sought.
(4) The names and addresses of all affected
			 persons.
(5) A map drawn to an
			 appropriate scale showing the boundaries of the property, the boundaries and
			 dimensions of the proposed easement, the location of all electric lines and
			 supports within the proposed easement, the location of and distance to any
			 building within 100 feet of the proposed transmission line, and any other
			 features pertinent to the location of the transmission line, the supporting
			 structures, or to the rights being sought.
(6) An affidavit affirming and describing the
			 good-faith effort undertaken and the review of land records performed to
			 identify all affected persons for all parcels over which the electric company
			 is seeking eminent domain. The affidavit shall be signed by an attorney
			 representing the electric company.
f.
Exhibit F.
The showing of
			 notice to all persons identified in subparagraphs
			 11.5(1)
"b"
(6) through 11.5(1)
"b"
(11) and to
			 the Iowa department of transportation. One copy of each letter of notification
			 or one copy of the letter accompanied by a written statement listing all
			 persons that were sent the notice, the date of mailing, and a copy of the map
			 sent with the letters shall accompany the petition when it is filed with the
			 commission.
g.
Exhibit
			 G.
The affidavit required by Iowa Code section
			 478.3(2)
"c"
on the holding of an informational meeting. Copies
			 of the mailed notice letter and the published notice(s) of each informational
			 meeting shall be attached to the affidavit. This exhibit is required only if an
			 informational meeting was conducted.
h.
Exhibit H.
This exhibit
			 is required only if the petition requests separate pole lines. This exhibit
			 shall contain a request describing in detail the good cause for the commission
			 to authorize the construction of separate pole lines.
i.
Other exhibits.
The
			 commission may require filing of additional exhibits if further information on
			 a particular project is deemed necessary.