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Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 39 - Universal Service › Rule 199-39.5 - Service Area

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Unless
				otherwise ordered by the commission, the approved service area for universal
				service fund support calculations will be the same as the service area
				currently approved for local service by the commission. Those carriers not
				currently approved to provide local service are required to provide
				documentation showing their service area.
(2) In the case of a service area served by a
				rural telephone company, "service area" means such company's "study area"
				unless and until the FCC and the states, after taking into account
				recommendations of a federal-state joint commission instituted under Section
				410(c) of the Telecommunications Act of 1996, establish a different definition
				of service area for such company.
(3) In the case of a wireless
				telecommunications carrier, "service area" means that area where the wireless
				company has been licensed by the FCC to provide service.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 39 - Universal Service › Rule 199-39.6 - Universal Service Support for Low-income Consumers (Lifeline program and Tribal Link Up program)

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Carrier obligation to offer Lifeline.
Pursuant to  47 CFR §
										54.405, which specifies the Lifeline obligations of eligible
				telecommunications carriers, all eligible telecommunications carriers must make
				available Lifeline service, as defined in  47 CFR §
										54.401, to qualifying
				low-income consumers, defined as consumers who meet the qualifications for
				Lifeline as specified in  47 CFR §
										54.409. Eligible telecommunications
				carriers must comply with the minimum service standards specified in  47 CFR §
										54.408.
(2)
Customer
				notification.
Eligible telecommunications carriers shall include a
				description of their Lifeline offerings or discounts in their residential
				service agreements. Eligible telecommunications carriers shall provide the
				commission with information about their residential service agreements upon
				request. Eligible telecommunications carriers shall publicize the availability
				of Lifeline service in a manner reasonably designed to reach those likely to
				qualify for service as required by  47 CFR §
										54.405(b).
(3)
Consumer qualification for
				Lifeline.
To qualify for Lifeline, a consumer must meet the
				qualifications for Lifeline as specified in  47 CFR §
										54.409. A consumer
				may only receive one Lifeline service per household.
(4)
Determination of subscriber
				eligibility.
Until the national Lifeline eligibility verifier becomes
				responsible for the initial determination of Iowa consumers' eligibility for
				Lifeline assistance, Iowa eligible telecommunications carriers are responsible
				for establishing consumer eligibility for Lifeline assistance. Iowa eligible
				telecommunications carriers shall ensure that their Lifeline subscribers are
				eligible to receive Lifeline services in accordance with  47 CFR §
										54.410.
				Eligible telecommunications carriers shall:
a.
				Implement policies and procedures for ensuring that their Lifeline subscribers
				are eligible to receive Lifeline services;
b. Confirm a subscriber's income-based or
				program-based eligibility according to  47 CFR §
											54.410(b) or (c);
c. Provide prospective
				subscribers Lifeline certification forms that comply with  47 CFR §
											54.410(d); and
d. Recertify all
				subscribers' Lifeline eligibility in accordance with  47 CFR §
											54.410(f) and (g).
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 39 - Universal Service › Rule 199-39.7 - Schedule of Filings

Current through Register Vol. 47, No. 3, July 24, 2024
The filing requirements specified below apply only to filings
				  that are not available to the commission through the Universal Service
				  Administrative Company's online filing portal or other means authorized by the
				  FCC.
(1)
Annual Lifeline
				compliance certifications.
a.
FCC Form 555.
On or before January 31 of each year, or other
				date established by the Federal Communications Commission, each carrier
				designated by the commission as an eligible telecommunications carrier pursuant
				to  47 U.S.C. §
											214(e)  shall file with the commission the carrier's
				certification of compliance with federal Lifeline rules filed with the Federal
				Communications Commission and the Universal Service Administrative Company
				pursuant to  47 CFR §
											54.416  using FCC Form 555.
b.
Filing instructions.
FCC
				Form 555 shall be filed using the commission's electronic filing system in
				accordance with 199-Chapter 14, unless the commission directs otherwise by
				order issued in advance of the filing deadline. The filing shall be titled
				"Annual Lifeline Eligible Telecommunications Carrier Certification," with a
				reference to the year for which the certification is filed. The document title
				for the FCC form shall be "FCC Form 555 Filing." The annual Lifeline compliance
				certifications are not subject to protection from public disclosure.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 39 - Universal Service › Rule 199-39.8 - Relinquishment of Etc Designation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The commission may permit an eligible telecommunications carrier to relinquish
				its designation as such a carrier in any area served by more than one eligible
				telecommunications carrier. An eligible telecommunications carrier that seeks
				to relinquish its eligible telecommunications carrier designation for an area
				served by more than one eligible telecommunications carrier shall give 30 days'
				advance notice to the commission of such relinquishment. A carrier that is
				granted ETC status in connection with a connect America fund Phase II auction
				or other similar conditional support mechanism but that ultimately does not
				receive the support shall, within 30 days after the Federal Communications
				Commission issues a public notice regarding the award of support, file a notice
				of relinquishment of the carrier's designation for any service areas where the
				carrier is not awarded funds and does not plan to offer service.
(2) Prior to permitting a telecommunications
				carrier designated as an eligible telecommunications carrier to cease providing
				universal service in an area served by more than one eligible
				telecommunications carrier, the commission shall require the remaining eligible
				telecommunications carrier or carriers to ensure that all customers served by
				the relinquishing carrier will continue to be served and shall require
				sufficient notice to permit the purchase or construction of adequate facilities
				by any remaining eligible telecommunications carrier. The commission shall
				establish a time, not to exceed one year after the commission approves such
				relinquishment under this rule, within which such purchase or construction
				shall be completed.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 40 - Competitive Bidding Process › Rule 199-40.1 - General Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
The following words and terms when used in these
				rules will have the meaning indicated below:
"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.
"Arm 's-length transaction "
means a
				  standard of conduct under which unrelated parties, each acting in its own best
				  interest, would carry out a particular transaction. Applied to related parties,
				  a transaction is at arm's length if the transaction could have been made on the
				  same terms to a disinterested third party in a bargained transaction where each
				  party has substantially the same bargaining power.
"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.
"RFP"
means request for proposals.
"Supply-side resource "
means a resource
				  that can provide electrical energy or capacity to the utility. Supply-side
				  resources include utility-owned generating facilities, and energy or capacity
				  purchased from other utilities and nonutilities. Supply-side resources include
				  modifications to existing generating facilities.
"Utility "
as defined in this chapter refers
				  to a rate-regulated electric public utility selling to retail customers in
				  Iowa.
(2)
Applicability and
				purpose.
The rules apply to any rate-regulated electric public utility
				choosing to establish a competitive bidding process under Iowa Code Supplement
				section
				476.53(3)
				 "c"(2). The rules establish minimum
				requirements for bidding processes used to purchase supply. Under these rules,
				bids compete not only with other bids but also with the utility's own build or
				lease options. Utilities maintain the right to secure or free up electric
				capacity and energy through means other than a competitive bidding
				process.
(3)
General
				guidelines for resource acquisition.
The utility, as part of any
				solicitation under its competitive bidding process, will provide estimates of
				the cost the utility would incur in building or leasing the desired resource
				consistent with the requirements of 199 lAC 40.3(476).
(4)
Waivers.
The utility may
				file for a waiver of any or all of these bidding process requirements. In
				making a decision regarding the granting of a waiver, the board shall consider,
				among other things, whether the utility is investor-owned, the timing of the
				solicitation, requirements of other regulatory bodies having jurisdiction over
				the utility, and whether or not an affiliate of the utility is considering
				bidding on the project.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 40 - Competitive Bidding Process › Rule 199-40.3 - Utility-build or Lease Cost Estimates

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General requirements.
A utility conducting a bidding process
				shall develop detailed cost estimates of its own build or lease options. Those
				options may include units jointly planned with other companies, plant upgrades
				or modifications, and plant extensions. The cost estimates shall be detailed
				and filed on both a project and per-unit basis.
(2)
Project cost estimates.
Project cost estimates shall be current and based on the prices likely to be
				actually quoted by manufacturers and vendors of power plant equipment. The
				utility-build or lease option shall be structured on an incremental cost basis,
				including an allocation of common costs incurred for the project's development.
				The utility shall detail in its filing the cost allocations and methodologies
				used for overhead costs and any joint facilities used in its
				estimates.
(3)
Per-unit
				cost estimates.
The utility shall file estimates of per-unit costs in
				the same measurements or units expected from other bidders on the project
				sufficient for the board to determine the relative costs of the utility-build
				or lease option versus like bids received from other bidders. The per-unit cost
				estimates shall clearly identify the rate-making principles used in calculating
				these costs.
(4)
Filing
				requirements.
The utility-build or lease cost estimates shall be
				submitted to the board seven days prior to the utility's receiving competitive
				bids for new electric capacity and energy.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 40 - Competitive Bidding Process › Rule 199-40.5 - Request for Proposals (RFP)

Current through Register Vol. 47, No. 3, July 24, 2024
The request for proposals shall clearly set forth the
				  eligibility and evaluation criteria and shall specify the weight to be given to
				  any price or nonprice selection criteria.
(1)
Minimum evaluation
				criteria.
The price and nonprice factors selected for evaluation and
				the weightings attached to each can reasonably vary from utility to utility and
				project to project. However, the following factors shall be considered for each
				supply-side project solicitation:
a. Level and
				schedule of required capacity and energy payments;
b. Status of project development;
c. System fuel diversity;
d. Reliability and performance
				measures;
e. Firm versus variable
				or indexed pricing;
f.
				Dispatchability;
g. Project
				location and effect on the transmission grid;
h. Use of Iowa fuels, manpower, and other
				state resources;
i. Benefits to be
				derived by the industries and communities associated with a particular
				project;
j. Demonstrated financial
				viability of the project and the developer;
k. Developer's prior experience in the
				field.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 40 - Competitive Bidding Process › Rule 199-40.6 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall resolve disputes between a utility and a
				  bidder that may arise as a result of implementation of the bidding process. The
				  independent evaluator shall participate by providing information on the bidding
				  process including the selection of the winning bid. A complaint by a bidder
				  concerning the utility's decisions on the acquisition of resources in a
				  solicitation must be filed within 15 days of the filing of the short-list
				  selection with the board.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 41 - Ratemaking Principles Proceeding › Rule 199-41.2 - Applicability and Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Rules
				199-41.3(476) and 199-41.4 (476) apply to any rate-regulated public electric
				utility proposing to build or lease in Iowa, either in whole or in part, a new
				baseload generating facility with a nameplate generating capacity equal to or
				greater than 300 megawatts, a new combined-cycle combustion turbine of any
				size, a new or repowered alternate energy production facility of any size, or
				any combination of the above, and desiring predetermination of ratemaking
				principles to be used in establishing the retail cost recovery of such a
				facility. These rules set the initial filing requirements in a ratemaking
				principles proceeding depending on the specific circumstances of a filing.
(2) Rule 199-41.5 (476) applies to
				any rate-regulated public utility acquiring a water, sanitary sewage, or storm
				water system with a fair market value of $500,000 or more from a
				non-rate-regulated entity described in Iowa Code section 476.1(4). Rule
				199-41.5(476) sets the initial filing requirements in a ratemaking principles
				proceeding related to the acquisition.
(3) The commission may require additional
				information from an applicant on a case-by-case basis.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 41 - Ratemaking Principles Proceeding › Rule 199-41.4 - Coincident Filing

Current through Register Vol. 47, No. 3, July 24, 2024
The utility shall have the option of filing its application
				  for ratemaking principles, as required by this chapter, coincident with the
				  utility's application for a certificate of public convenience, use, and
				  necessity under 199-Chapter 24. Identical information required by both chapters
				  need only be included once in a joint principles and certification
				  application.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 41 - Ratemaking Principles Proceeding › Rule 199-41.5 - Acquisition of a Water, Sanitary Sewage, or Storm Water Utility

Current through Register Vol. 47, No. 3, July 24, 2024
A rate-regulated public utility proposing to acquire, in
				  whole or in part, a water, sanitary sewage, or storm water system with a fair
				  market value of $500,000 or more from a non-rate-regulated entity described in
				  Iowa Code section 476.1(4)  shall file an application for approval of the
				  acquisition with the commission. If the acquisition is approved, ratemaking
				  principles that will apply when the costs of the acquisition are included in
				  regulated rates shall be determined as part of the commission's review of the
				  application. At a minimum, an application made under this rule shall
				  substantially comply with the following informational requirements, to the
				  extent such information is reasonably available. Any omission of required
				  information on the basis that it is not reasonably available shall be
				  adequately justified by the applicant. The commission will consider such
				  omissions on a case-by-case basis and may require the applicant to provide
				  additional information.
(1)
General information.
An application shall include the
				following general information:
a. A general
				description of the system to be acquired, including the total number of
				customers, a description of the general arrangement of major structures and
				equipment, maps of the system, and a general description of the scope of the
				system.
b. The identification and
				general description of all material capital investments and operating expenses
				associated with the proposed acquisition anticipated within five years of the
				date of the acquisition.
c. A
				proposed procedural schedule that, at a minimum, provides proposed dates for
				direct testimony, rebuttal testimony, and a hearing for cross-examination of
				all testimony. The proposed schedule should generally comply with the
				commission's procedural rules in 199-Chapter 7.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 41 - Ratemaking Principles Proceeding › Rule 199-41.6 - Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A utility may seek a waiver of any requirement of this
				  chapter. The request for a waiver shall include the utility's reasons for
				  believing the requirement is not applicable or necessary. A request for a
				  waiver shall also comply with rule
				  199-1.3
				  (17A,474,476).
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following words and terms, when used in these rules,
				  shall have the meanings set forth in Iowa Code section
				  476.27:
				  "board," "crossing," "direct expenses," "facility," "public utility,"
				  "railroad" or "railroad corporation," "railroad right-of-way," and "special
				  circumstances."
In addition, as used in this chapter, the following
				  definitions shall apply:
"Complainant"
means a person who complains
				  to the board by written complaint regarding any of the issues identified in
				  Iowa Code section
				  476.27(2)
				   or these rules.
"Petitioner "
means a person who files a
				  written petition with the board seeking a determination of special
				  circumstances pursuant to Iowa Code section
				  476.27(4).
"Respondent"
means a person against whom a
				  complaint or petition is filed.
"Small utility"
means a public utility and
				  all affiliates of the public utility that collectively serve fewer than 20,000
				  customers. For purposes of this definition, a customer means the party
				  responsible for payment of the utility services. When the specification exhibit
				  is filed with the railroad, the small utility will certify on the specification
				  exhibit that it meets the definition of a small utility as contained in this
				  rule. The specification exhibit will also state that at such time that the
				  small utility no longer meets the small utility definition, that it will have
				  an affirmative duty to so notify the railroad.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.2 - Applicability and Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
These rules provide terms and conditions for the crossing of
				  railroad rights-of-way by public utilities. However, these rules shall not
				  prevent a railroad and public utility from negotiating other terms and
				  conditions applicable to a crossing or agreeing to a different dispute
				  resolution mechanism than that provided for in Iowa Code section
				  476.27
				  and these rules. These rules do not apply to longitudinal occupancy of railroad
				  right-of-way, but only to the crossing of railroad
				  right-of-way.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.4 - Emergency Notice and Repairs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice.
In the event a public utility or railroad needs to
				perform emergency or nonroutine maintenance or repair within a railroad
				right-of-way and the maintenance or repair may affect the operations of the
				other entity, immediate notification of the maintenance or repair being
				performed shall be given.
(2)
Notification plan filing.
Each railroad and public utility
				with a facility crossing railroad right-of-way shall establish, and file with
				the board, a mechanism or plan for receiving emergency notifications 24 hours
				per day, seven days per week.
(3)
Scope of emergency work and reimbursement of expenses.
Unless
				permission from the affected railroad or public utility has been received, the
				railroad and public utility may only perform maintenance or repair work of
				their own respective property. If the emergency maintenance or repair performed
				by the railroad or public utility causes reasonable expenses to be incurred by
				the other entity, those reasonable expenses shall be reimbursed.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.5 - Relocation of Public Utility Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Standard for relocation.
The railroad may require that the public utility, at the public utility's
				expense, relocate facilities on railroad right-of-way whenever such relocation
				is necessary to accommodate railroad operations. The decision that relocation
				is required is made solely by the railroad, although the railroad may not act
				arbitrarily or unreasonably. The public utility shall not have to pay a
				standard crossing fee for such relocations.
(2)
Completion of
				relocation.
In the event relocation of facilities is required, the
				relocation shall be to a location mutually agreed upon by the railroad and
				utility, within the railroad right-of-way. The relocation shall be completed
				within a reasonable period of time.
(3)
Statement of reasons.
Upon the request of the public utility, the railroad shall provide within 15
				days a statement or other supporting documentation indicating the operational
				reasons for requiring relocation of facilities.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.6 - Engineering Standards for Electric and Communications Lines

Current through Register Vol. 47, No. 3, July 24, 2024
These engineering standards apply to crossings that do not
				  involve special circumstances such that additional or more stringent
				  engineering standards may be warranted. The determination of such additional or
				  more stringent standards will be determined on a case-by-case basis, according
				  to the procedures in subrule 42.18(2), depending on the facts and circumstances
				  associated with the particular crossing.
(1)
General.
a. Except as provided for in this chapter,
				electric and communications lines crossing railroads shall be constructed in
				accordance with 199-Chapter 25, the Iowa electrical safety code.
b. Crossings should be made as near as
				possible at an angle of 90 degrees to the railroad tracks, but in no event
				shall any crossing be at less than a 60-degree angle to the railroad
				track.
c. Aboveground facilities at
				road or pedestrian crossings shall be located or constructed in a manner that
				minimizes interference with lines of sight for observing oncoming
				trains.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.7 - Engineering Standards for Pipelines

Current through Register Vol. 47, No. 3, July 24, 2024
These engineering standards apply to crossings that do not
				  involve special circumstances such that additional or more stringent
				  engineering standards may be warranted. The determination of such additional or
				  more stringent standards will be determined on a case-by-case basis, according
				  to the procedures in subrule 42.18(2), depending on the facts and circumstances
				  associated with the particular crossing.
(1)
General.
a. Except as provided for in this chapter,
				pipelines crossing railroads shall be constructed in accordance with Part 5,
				"Pipelines," of the American Railway Engineering and Maintenance-of-Way
				Association (AREMA) Manual for Railway Engineering - 2001.
b. For pipelines subject to 49 CFR Part 192,
				"Transportation of Natural and Other Gas by Pipeline," or 49 CFR Part 195,
				"Transportation of Hazardous Liquids by Pipeline," the appropriate federal
				standard shall control for pipeline marker signs, valves, corrosion control,
				welding and weld testing, and pressure testing. The design stress level in such
				pipelines shall not exceed that permitted by the appropriate federal
				standard.
c. Polyethylene (PE) pipe
				may be used as carrier pipe for natural gas pipelines. Polyethylene and
				polyvinyl chloride (PVC) pipe may be used as carrier pipe for water and
				wastewater Such pipe shall be manufactured of materials approved for its
				intended use by an appropriate standards organization.
d. Slip jointed carrier pipe may be used only
				for encased water or wastewater pipelines, and the ends of such casings shall
				be oriented such that drainage from any internal leakage will not endanger the
				railroad embankment.
e. Casings of
				material other than steel may be used with railroad company approval.
f. Cathodic protection test boxes located on
				railroad right-of-way shall be attached to casing vents or installed flush with
				the ground surface.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.8 - Liability

Current through Register Vol. 47, No. 3, July 24, 2024
Each railroad and public utility shall maintain and repair
				  its respective property within the railroad right-of-way, and the railroad and
				  public utility shall bear responsibility for each person's own acts and
				  omissions, except the public utility shall be responsible for any bodily injury
				  or property damage that typically would be covered under a standard railroad
				  protective liability insurance policy.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.9 - Insurance

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise agreed upon by the railroad and public
				  utility, the public utility shall maintain, or cause to be maintained, the
				  following minimum insurance coverage with respect to each railroad
				  crossing:
(1) General public liability
				insurance with limits of not less than $500,000 for injury or death of a single
				person, or not less than $1 million for any one accident, and not less than
				$250,000 per accident for property damage. The exclusion or limitations for
				railroads shall be removed.
(2)
				Comprehensive automobile liability insurance with limits of not less than
				$500,000 for injury or death of a single person, or not less than $1 million
				for any one accident, and not less than $250,000 for property damage.
(3) Excess liability coverage with limits of
				not less than $5 million, except that the required limits shall be $ 1 million
				for small utilities for railroad crossings by facilities other than gas or
				hazardous materials pipelines.
(4)
				Railroad protective liability insurance with a combined single limit of $4
				million per occurrence and $6 million aggregate, except that the required
				limits shall be a combined single limit of $2 million per occurrence and $4
				million aggregate for small utilities for railroad crossings by facilities
				other than gas or hazardous materials pipelines. Such coverage shall be
				required only during the period of construction, repair, or replacement of the
				facilities and may be provided by a blanket railroad protective liability
				insurance policy provided that the coverage, including the coverage limits,
				applies separately to each individual crossing on each individual
				railroad.
(5) The coverage in
				42.9(1) through 42.9(3) above must be by blanket insurance policies covering
				other property or risks, or self-insurance. In the event the public utility
				desires to self-insure, it must maintain a minimum long-term rating of A- and
				net assets of not less than $100 million, unless the railroad agrees to
				different amounts. If the public utility's long-term rating is lowered below an
				A-rating, the public utility will provide commercial insurance as required in
				this rule, and will notify the railroad that its long-term rating was lowered
				below A-.
(6) The coverage in
				42.9(1) through 42.9(4) must be in place prior to the commencement by the
				public utility of any work within the railroad's right-of-way in order to
				secure payment for any damages for which the public utility bears
				responsibility.
(7) Before
				commencing construction of any facility, the public utility must provide to the
				railroad proof that the public utility has procured the insurance coverage as
				required in this rule.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.10 - Removal of Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
Upon completion of any facility, the public utility shall
				  remove, or cause to be removed, all tools, equipment, or other property used in
				  the construction and, if railroad property was moved or disturbed, restore that
				  property to the same condition it was in prior to being moved or
				  disturbed.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.11 - Assignment

Current through Register Vol. 47, No. 3, July 24, 2024
The public utility may assign or otherwise transfer any
				  rights to cross railroad right-of-way to any financially responsible entity
				  controlled by, controlling, or under common control with the public utility or
				  to any entity into or with which the public utility is merged or consolidated
				  or which acquires ownership or control of all or substantially all of the
				  transmission assets of the public utility. Notice of the assignment or transfer
				  shall be given to the railroad within 30 days. No other transfer or assignment
				  may take place without the written permission of the railroad, which permission
				  shall not be unreasonably withheld.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.12 - Prohibition Against Mechanic's Liens

Current through Register Vol. 47, No. 3, July 24, 2024
The public utility shall not create, permit, or suffer any
				  mechanic's lien or other lien of any kind or any nature to be created or
				  enforced against the railroad's property for any work performed by the public
				  utility in connection with its facilities that are located in the railroad's
				  right-of-way. The railroad shall not create, permit, or suffer any mechanic's
				  lien or other lien of any kind or any nature to be created or enforced against
				  the public utility's property located in the railroad's right-of-way for any
				  work performed by the railroad in connection with the railroad's
				  facilities.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.13 - Taxes

Current through Register Vol. 47, No. 3, July 24, 2024
The public utility shall promptly pay or discharge all taxes
				  and charges levied upon its facilities located in the railroad's right-of-way.
				  Where any such tax or charge may not be separately made or assessed to the
				  public utility, but is included in the taxes or charges assessed to the
				  railroad, the public utility shall pay to the railroad an equitable portion of
				  such taxes determined by the value of the public utility's facilities located
				  on railroad right-of-way as compared with the entire value of the railroad
				  property.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.14 - Protection of Signal Systems

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to penetrating the surface of any railroad
				  right-of-way, the public utility shall contact the railroad to determine if any
				  of the railroad's signal systems are located in the area. If signal systems are
				  located in the area, the public utility, at its expense, shall arrange for a
				  cable locator and make arrangements for relocation or other protection of the
				  signal system. The public utility shall also contact Iowa One-Call for locating
				  other underground facilities and shall comply with all other applicable
				  statutes, regulations, and rules pertaining to such underground
				  facilities.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.15 - Safety Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
The public utility shall ensure compliance with all
				  applicable local, state, and federal safety rules and regulations during the
				  time any work is being performed on a facility within the railroad's
				  right-of-way. Any personal injury arising during work being performed on a
				  facility shall be promptly reported by the public utility to the
				  railroad.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.16 - Recording

Current through Register Vol. 47, No. 3, July 24, 2024
The public utility, at its own expense, may record a
				  memorandum of its rights pursuant to Iowa Code section
				  476.27
				  and these rules. A legal description of the crossing that has been approved by
				  both the railroad and public utility shall be attached to the memorandum. Upon
				  termination of the public utility's rights, the public utility shall file an
				  appropriate document to evidence such termination.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.17 - Complaints and Petitions for Relief-general Information

Current through Register Vol. 47, No. 3, July 24, 2024
These rules are promulgated under Iowa Code chapter 17A and
				  Iowa Code section
				  476.27
				  as guides for procedures when railroads or public utilities file with the board
				  complaints regarding crossings pursuant to Iowa Code section
				  476.27(2)
"a "
(9) or petitions for
				  relief pursuant to Iowa Code section
				  476.27(4).
				  The purpose of these rules is to facilitate the transaction of business before
				  the board and to promote the just resolution of controversies. Consistent with
				  this purpose, any of these rules, unless otherwise provided by law, may be
				  waived by the board or its designated presiding officer pursuant to rule
				  199-1.3
				  (17A,474,476,78GA,HF2206). The board recognizes that the parties will
				  ordinarily require expedited procedures and a swift decision. Therefore, any
				  procedural rules in 199-Chapter 7 that are in conflict with these rules do not
				  apply to contested cases under this chapter
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.18 - Filing of Complaint or Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Complaints.
A railroad
				or public utility that has a complaint regarding any of the issues identified
				in Iowa Code section
				476.27(2)
				 that cannot be resolved without intervention
				by the board may file a complaint with the board. The complainant must serve
				the other railroad or public utility involved and the consumer advocate, either
				in person or by overnight delivery, on the same day the complaint is filed with
				the board. The complaint must be in writing and must include the following:
a. The name, address, telephone number, and
				contact person for the complainant and the complainant's attorney, if
				any;
b. The basis for the board's
				jurisdiction over the matter;
c. A
				statement of the complainant's position and a detailed discussion of the facts
				that support the complainant's position, including a description of the issues
				involved, the resolution requested, and the facts supporting the resolution
				requested;
d. The particular
				provisions of the statutes and rules involved;
e. A description of the attempts made to
				informally resolve the complaint;
f. All documentation relied on to support the
				facts alleged in the complaint and the requested resolution; and
g. The name, address, telephone number, and
				contact person and attorney, if any, for the other railroad or public utility
				involved and a statement that the complaint was served on the other railroad or
				public utility involved and the consumer advocate, the method of service, and
				the date served.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.19 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer who conducts the contested case hearing
				  on the complaint or petition may be one or more members of the board or a
				  qualified person designated by the board. The presiding officer has the
				  authority granted by the board as specified in 199-subrule 7.1(4) and given by
				  statute.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.20 - Answer

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of a complaint filed pursuant to subrule
				  42.18(1), or a petition for relief filed pursuant to subrule 42.18(2), the
				  railroad or public utility must file an answer with the board. The railroad or
				  public utility must serve the answer upon the other railroad or public utility
				  involved and the consumer advocate, either in person or by overnight delivery,
				  on the same day the answer is filed with the board. The answer must be filed
				  within ten days of the date of service of the complaint or petition.
(1) The answer must be in writing and must
				include the following, at a minimum:
a. The
				name, address, telephone number, and contact person for the respondent and the
				respondent's attorney, if any;
b.
				An admission or denial of each allegation in the petition;
c. A statement of the respondent's position
				and a detailed discussion of the facts that support the respondent's position,
				including a description of the issues involved, the resolution or relief
				requested, and the facts supporting the resolution or relief
				requested;
d. A description of the
				attempts made to informally resolve the complaint or the issues involved in the
				petition;
e. All documentation
				relied on to support the facts alleged in the answer and the requested
				resolution or relief; and
f. A
				statement that the answer was served on petitioner or complainant and the
				consumer advocate, the method of service, and the date served.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.21 - Parties and Appearances

Current through Register Vol. 47, No. 3, July 24, 2024
The parties include the petitioner or complainant, the
				  respondent, the consumer advocate, and any intervenors. Each party must file a
				  written appearance at the earliest possible time identifying one person upon
				  whom the board and the other parties may serve all orders, correspondence, and
				  other documents.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.22 - Procedural Order and Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of a complaint or petition filed pursuant to
				  rule
				  199-42.18
				  (17A,476), the presiding officer will prepare and issue a procedural order and
				  notice of hearing. Prefiled testimony will not be used unless deemed necessary
				  by the presiding officer, or unless requested by the railroad and public
				  utility involved or the consumer advocate. In scheduling the hearing, the
				  presiding officer will consider the schedules of the parties involved and will
				  schedule the hearing as soon as possible. However, the hearing will not be
				  scheduled earlier than seven days after the answer is due to be filed. The
				  procedural order and notice of hearing will be served upon the parties by
				  ordinary mail.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.23 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
Discovery procedures available to parties in civil actions
				  are available to the parties. However, because of the expedited nature of these
				  proceedings, all responses must be given within five days of receipt of any
				  request, and all discovery requests must be delivered so that discovery is
				  completed at least five days prior to the date set for hearing. Parties must
				  make good-faith efforts to resolve discovery disputes before filing any motion
				  relating to discovery.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.24 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All
				hearings will be recorded either by mechanized means or by certified shorthand
				reporters. All testimony will be taken under oath or affirmation.
(2) If a party fails to appear at a hearing
				after proper service of the notice of hearing, the presiding officer may, if no
				adjournment is granted, enter a default decision or proceed with the hearing
				and make a decision in the absence of the party. The parties will be notified
				of the decision by ordinary mail. If adequate reasons are provided showing good
				cause for the party's failure to appear, the presiding officer may vacate the
				decision and, after proper service of notice, conduct another hearing and issue
				a decision.
(3) The presiding
				officer shall maintain the decorum of the hearing, and may refuse to admit, or
				may expel, anyone whose conduct is disorderly, contemptuous, or
				disruptive.
(4) Subject to terms
				and conditions set by the presiding officer, each party has the right to
				introduce evidence, cross-examine witnesses, present evidence in rebuttal, and
				present oral argument. The presiding officer will determine the order for the
				presentation of evidence. Prior to or at the hearing, the parties must alert
				the presiding officer if circumstances exist that require expedited issuance of
				the decision.
(5) A party that
				wishes to present a brief must file it prior to or at the hearing.
(6) A party that wishes a shortened appeal
				time must make a motion at the hearing. If there are no objections and there
				are no issues that indicate the need for a 15-day appeal period, the presiding
				officer may shorten the time for appeal set forth in 199-subrule
				7.8(2).
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 42 - Crossing of Railroad Rights-of-way › Rule 199-42.25 - Decision

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer will issue a decision as soon as
				  possible after the conclusion of the hearing. If the board issues the decision,
				  it is final agency action. If a single presiding officer issues the decision,
				  it is a proposed decision, and the rules applicable to appeals from the
				  decision of a presiding officer at rule
				  199-7.8
				  (476) apply, except that the appeal time may be shortened at the discretion of
				  the presiding officer, and all times set forth in rule
				  199-7.8
				  (476) may be shortened at the discretion of the board.
Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 44 - Certificates of Franchise Authority for Cable and Video Service › Rule 199-44.1 - Authority and Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
These rules are intended to implement Iowa Code chapter 477A,
				  relating to certificates of franchise authority issued by the commission for
				  the provision of cable service or video service. The purpose of these rules is
				  to establish procedures for initial applications for and subsequent
				  modifications, transfers, terminations, or updates of certificates of franchise
				  authority issued by the commission.