Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.4 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When a
			 petition for permit is filed with the commission, the petition shall be
			 reviewed by commission staff for compliance with applicable laws and
			 regulations. Once commission staff has completed the review and filed a report
			 regarding the proposed pipeline and petition, the petition shall be set for
			 hearing. This subrule does not apply to renewal petitions filed pursuant to
			 rule 199-10.8 (479) that do not require a hearing.
(2) The pipeline company shall be furnished
			 copies of the official notice of hearing, which the pipeline company shall
			 cause to be published once each week for two consecutive weeks in a newspaper
			 of general circulation in each county in or through which construction is
			 proposed. The second publication shall be not less than 10 nor more than 30
			 days prior to the date of the hearing. Proof of such publication shall be filed
			 prior to the hearing.
(3) The
			 published notice shall include a map showing either the pipeline route or the
			 area affected by underground gas storage, or a telephone number and an address
			 through which interested persons may obtain a copy of a map from the pipeline
			 company at no charge. If a map other than that filed as Exhibit B will be
			 published or provided, a copy shall be filed with the petition.
(4) If a petition for permit seeks the right
			 of eminent domain, the pipeline company shall, in addition to the published
			 notice of hearing, serve a copy of the notice of hearing on the landowners and
			 any affected person with interest in the property over which eminent domain is
			 sought. A copy of the Exhibit H filed with the commission for the affected
			 property shall accompany the notice. Service shall be by certified United
			 States mail, return receipt requested, addressed to the person's last known
			 address, and this notice shall be mailed no later than the first day of
			 publication of the official notice of hearing on the petition. Not less than
			 five days prior to the date of the hearing, the petitioner shall file with the
			 commission a certificate of service showing all persons and addresses to which
			 notice was sent by certified mail and the date of the mailing, and an affidavit
			 that all affected persons as defined in subrule 10.1(3) were served.
(5) If a petition does not seek the right of
			 eminent domain but all required interests in private property have not yet been
			 obtained at the time the petition is filed, a copy of the notice of hearing
			 shall be served upon any affected person as defined in subrule 10.1(3). Service
			 shall be by ordinary mail, addressed to the last known address, mailed no later
			 than the first day of publication of the official notice. A copy of each letter
			 of notification, or one copy of the letter accompanied by a written statement
			 listing all persons to which the notice was mailed, the date of mailing, and an
			 affidavit that all affected persons were served, shall be filed with the
			 commission not less than five days prior to the hearing.