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Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 9 - Restoration of Agricultural Lands During and After Pipeline Construction › Rule 199-9.10 - Project Completion

Current through Register Vol. 47, No. 3, July 24, 2024
The county inspector for each county affected by the pipeline
				project shall recommend to the county board of supervisors that the pipeline
				project be considered complete upon completion of restoration of all affected
				agricultural lands and 70 percent growth is established in locations requiring
				seeding after receiving written notification by the pipeline company to the
				same effect. The county board of supervisors shall determine whether the
				project is completed.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 9 - Restoration of Agricultural Lands During and After Pipeline Construction › Rule 199-9.11 - Document Submittal

Current through Register Vol. 47, No. 3, July 24, 2024
Once a project is completed, project documents shall be
				submitted as follows:
(1)
Document turnover.
The county inspector shall submit to the
			 county board of supervisors and the pipeline company copies of inspection
			 reports; tile reports and maps; punch lists; notice of violation documents;
			 decompaction agreements; separate agreements, including those that excuse the
			 pipeline company from certain construction responsibilities; and landowner
			 agreements. The documents shall also be available for inspection by the
			 commission or an affected person upon request.
(2)
As-built drawings.
The
			 pipeline company shall provide the county inspector and affected landowners
			 with copies of pipe alignment as-built drawings and underground drain tile
			 as-built drawings, including the Global Positioning System location of drain
			 tile.
Drawing No. IUC PL-1
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				view Image
Drawing No. IUB PL-2
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				view Image
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.3 - Petition for Permit

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A petition
			 for a permit shall be filed with the commission upon the form prescribed and
			 shall include all required exhibits. The petition shall be considered filed
			 with the commission on the date accepted by the commission's electronic filing
			 system as provided for in 199-Chapter 14. The petition shall be attested to by
			 an officer, official or attorney with authority to represent the pipeline
			 company. Required exhibits shall be in the following form:
a.
Exhibit A.
A legal
			 description showing at a minimum:
(1) The
			 beginning and ending points of the proposed pipeline.
(2) The general direction of the proposed
			 route through each quarter section of land to be crossed, including township
			 and range.
(3) Whether the proposed
			 pipeline will be located on private or public property, public highway or
			 railroad right-of-way.
(4) Other
			 pertinent information.
(5) 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.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.5 - Objections

Current through Register Vol. 47, No. 3, July 24, 2024
Any person whose rights or interests may be affected by a
				proposed pipeline or underground storage facility may file a written objection
				with the commission. Written objections shall be filed with the commission not
				less than five days prior to the date of hearing. The commission may, for good
				cause shown, permit filing of objections less than five days prior to hearing,
				but in such event the pipeline company shall be granted a reasonable time to
				respond to a late-filed objection.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.6 - Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a pipeline permit or amendment to a pipeline
				permit shall be scheduled for hearing not less than 10 nor more than 30 days
				from the date of last publication of the notice of hearing.
(1) Representation of a pipeline company at a
			 pipeline permit hearing shall comply with the requirements of 199-subrule
			 7.4(8).
(2) The commission or
			 presiding officer may schedule a prehearing conference to consider a procedural
			 schedule for the petition and a hearing date.
(3) One or more petitions may be consolidated
			 for hearing.
(4) Hearings shall be
			 scheduled and held in the office of the commission or at any other place within
			 the state of Iowa as the commission may designate pursuant to Iowa Code section
			 479.8. Requests for conducting a hearing or taking testimony by telephone or
			 electronic means may be approved by the commission or presiding
			 officer.
(5) The hearing
			 requirements in this rule also apply to petitions for underground storage
			 permits or amendments to underground storage permits.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.7 - Pipeline Permit

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A pipeline
			 permit shall be issued once an order granting the permit is final and all the
			 compliance requirements have been met. A pipeline company may request
			 commission approval to delay obtaining consent to cross railroad right-of-way
			 until after the pipeline permit is issued.
(2) The issuance of the permit authorizes
			 construction on the route or location as approved by the commission, subject to
			 deviation within the permanent route easement right-of-way. If a deviation
			 outside of the permanent route easement right-of-way becomes necessary,
			 construction of the pipeline in that location shall be suspended and the
			 pipeline company shall follow the procedures for filing of a petition for
			 amendment of a permit, except that the pipeline company need only file Exhibits
			 A, B, E, and F reflecting the proposed deviation. In case of any deviation from
			 the approved permanent route easement, the pipeline company shall secure the
			 necessary easements before construction may commence on the altered route. The
			 right of eminent domain shall not be used to acquire any such easement except
			 as specifically approved by the commission, and a hearing will not be required
			 unless the commission determines a hearing is necessary to complete review of
			 the petition for amendment.
(3) If
			 the construction of facilities authorized by a permit is not commenced within
			 two years of the date the permit is granted, or within two years after final
			 disposition of judicial review of a permit order or of condemnation
			 proceedings, the permit shall be forfeited unless the commission grants an
			 extension of the permit filed prior to the expiration of the two-year
			 period.
(4) Upon completion of the
			 proposed construction, maps accurately showing the final routing of the
			 pipeline, in compliance with 199-Chapter 9 and revised Exhibits A, B, and C,
			 shall be filed with the commission.
(5) The commission shall set the term of the
			 permit. The term of the permit may be less than, but shall not exceed, 25 years
			 from the date of issuance.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.8 - Renewal Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A petition
			 for renewal of an original or previously renewed pipeline permit may be filed
			 at any time subsequent to issuance of the permit and shall be filed at least
			 one year prior to expiration of the permit. This requirement is not applicable
			 to renewal of permits that expire within one year of April 1, 2020. The
			 petition shall be made on the form prescribed by the commission. Instructions
			 for the petition are included as a part of the form, and the form is available
			 on the commission's website. The petition shall include the name of the
			 pipeline company requesting renewal of the permit, the pipeline company's
			 principal office and place of business, a description of any amendment or
			 reportable change since the permit or previous renewal permit was issued, and
			 the same exhibits as required for a new permit, as applicable. The petition
			 shall be considered filed with the commission on the date accepted into the
			 commission's electronic filing system as provided for in 199-Chapter 14. The
			 petition shall be attested to by an officer, official, or attorney with
			 authority to represent the pipeline company.
(2) The procedure for petition for permit
			 shall be followed with respect to publication of notice, objections, and
			 assessment of costs.
(3) If there
			 are unresolved issues of fact or law, or if an objection is filed within 20
			 days of the second publication of the published notice, the commission shall
			 set the matter for hearing. If a hearing is not required, and the petition
			 satisfies the requirements of this rule, a renewal permit will be issued upon
			 the filing of the proof of publication required by rule
			 199-10.4 (479).
(4) The commission
			 shall set the term of a renewal permit. The term may be less than, and shall
			 not exceed, 25 years from date of issue. The same procedure shall be followed
			 for subsequent renewals.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.9 - Amendment of Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An amendment
			 of a pipeline permit by the commission is required in any of the following
			 circumstances:
a. Construction of an
			 additional pipeline paralleling all or part of an existing pipeline of the
			 pipeline company.
b. Extension of
			 an existing pipeline of the pipeline company outside of the permit
			 easement.
c. Relocation or
			 replacement of an existing pipeline of the pipeline company outside of the
			 permit easement approved by the commission. If the relocation or replacement is
			 for five miles or more of pipe to be operated at over 150 psig, an
			 informational meeting as provided for by rule 199-10.2 (479) shall be held for
			 these relocations and replacements.
d. Contiguous extension of an underground
			 storage area of the pipeline company.
e. Modification of any condition or
			 limitation placed on the construction or operation of the pipeline in the final
			 order granting the pipeline permit or previous renewal of the permit.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.10 - Fees and Expenses

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Permit expenses.
The pipeline company shall pay the actual
			 unrecovered cost incurred by the commission attributable to the informational
			 meeting, processing, investigation, hearing, and inspection related to a
			 petition requesting a pipeline permit or any other activity of the commission
			 related to a pipeline permit.
(2)
Construction inspection.
The pipeline company shall reimburse
			 the commission for the actual unrecovered expenses incurred due to inspection
			 of pipeline construction or testing activities following from the granting of a
			 pipeline permit.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.11 - Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
The commission shall from time to time examine the
				construction, maintenance, and condition of pipelines, underground storage
				facilities, and equipment used in connection with pipelines and facilities in
				the state of Iowa to determine whether they comply with the appropriate
				standards of pipeline safety. One or more members of the commission, or one or
				more duly appointed representatives of the commission, may enter upon the
				premises of any pipeline company within the state of Iowa for the purpose of
				making the inspections.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.12 - Standards for Construction, Operation and Maintenance

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All pipelines, underground storage
			 facilities, and equipment shall be designed, constructed, operated, and
			 maintained in accordance with the following standards:
a.  49 CFR Part 191, "Transportation of
			 Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and
			 Safety-Related Condition Reports."
b.  49 CFR Part 192, "Transportation of
			 Natural and Other Gas by Pipeline: Minimum Federal Safety Standards."
c.  49 CFR Part 199, "Drug and Alcohol
			 Testing."
d. ASME B31.8 - 2016,
			 "Gas Transmission and Distribution Piping Systems."
e. 199-Chapter 9, "Restoration of
			 Agricultural Lands During and After Pipeline Construction."
f. At railroad crossings, 199-42.7 (476),
			 "Engineering standards for pipelines."
Conflicts between the standards established in paragraphs
				10.12(1)
"a"
through
"f"
or between the
				requirements of rule 199-10.12 (479) and other requirements which are shown to
				exist by appropriate written documentation filed with the commission shall be
				resolved by the commission.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.13 - Crossings of Highways, Railroads, and Rivers

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Iowa Code chapter 479 gives the
			 commission primary authority over the routing of pipelines. However, highway
			 and railroad authorities and environmental agencies may have a jurisdictional
			 interest in the routing of the pipeline, including requirements that permits or
			 other authorizations be obtained prior to construction of crossings of highway
			 or railroad right-of-way, or rivers or other bodies of water.
(2) Approval of other authorities need not be
			 obtained prior to petitioning the commission for a pipeline permit. It is
			 recommended that the appropriate other authorities be contacted to determine
			 what restrictions or conditions may be placed on the crossing by those
			 authorities and to obtain information on any proposed reconstruction or
			 relocation of existing facilities which may impact the routing of the pipeline.
			 Approvals and any restrictions, conditions, or relocations of existing
			 facilities are required to be filed with the commission prior to the granting
			 of the permit. A pipeline company may request commission approval to begin
			 construction on a segment of a pipeline prior to obtaining all necessary
			 consents for construction of the entire pipeline.
(3) Pipeline routes which include crossings
			 of highway or railroad right-of-way longitudinally on such right-of-way shall
			 not be constructed unless a showing of consent by the appropriate authority has
			 been provided by the pipeline company as required in paragraph
			 10.3(1)
"e."
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.14 - Transmission Line Factors

Current through Register Vol. 47, No. 3, July 24, 2024
Factors considered by the commission in determining whether a
				pipeline is a transmission line and is therefore required to have a permit are
				set out in this rule. These factors are part of the commission's consideration,
				especially when a request has been made to reclassify a pipeline from
				transmission to distribution. These factors are to provide guidance for
				determining whether a pipeline needs a permit under this chapter, but there may
				be other factors not included in this rule:
1. The definitions of a transmission line in
			 ASME B31.8 and  49 CFR 192.3.
2.
			 Pipeline Hazardous Material Safety Administration interpretations.
3. The location of a distribution
			 center.
4. Interconnection with an
			 interstate pipeline.
5. Location of
			 distribution regulator stations downstream of a proposed distribution
			 center.
6. Whether a proposed
			 distribution center has more than one source of supply and the type of pipeline
			 that provides the supply.
7.
			 Transfer of ownership of gas.
8.
			 Reduction in pressure of pipeline at a meter.
9. No resale of gas downstream of a
			 distribution center.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.15 - Reports to Federal Agencies

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Upon submission of any incident, annual, or other report to the U.S. Department
			 of Transportation pursuant to  49 CFR Part 191  or Part 192, a pipeline company
			 shall file a copy of the report with the commission. The commission shall also
			 be advised of any telephonic incident report made by the pipeline
			 company.
(2) In addition to incident
			 reports required by  49 CFR Part 191, the commission shall be notified of any
			 incident or accident where the economic damage exceeds $15,000 or which results
			 in loss of service to 50 or more customers. The pipeline company shall notify
			 the commission, as soon as possible, of any incident by emailing the duty
			 officer at
dutyofficer@iuc.iowa.govor
, if email is not
			 available, by calling the commission duty officer at (515)745-2332. The cost of
			 gas lost due to the incident shall not be considered in calculating the
			 economic damage of the incident.
(3)
			 Utilities operating in other states shall provide to the commission data for
			 Iowa only.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.16 - Reportable Changes to Pipelines Under Permit

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A pipeline company shall file prior
			 notice with the commission of any of the following actions affecting a pipeline
			 under permit:
a. Abandonment or removal from
			 service. The pipeline company shall also notify the landowners prior to the
			 abandonment or removal of the pipeline from service.
b. Pressure test or increase in maximum
			 allowable or normal operating pressure.
c. Replacement of a pipeline or significant
			 portion thereof, not including short repair sections of pipe at least as strong
			 as the original pipe.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.17 - Sale or Transfer of Permit

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 No permit shall be sold or transferred without written approval of the
			 commission. A petition for approval of the sale or transfer shall be jointly
			 filed by the buyer, or transferee, and the seller, or transferor, shall include
			 assurances that the buyer, or transferee, is authorized to transact business in
			 the state of Iowa; is willing and able to construct, operate, and maintain the
			 pipeline in accordance with these rules; and if the sale, or transfer, is prior
			 to completion of construction of the pipeline shall show that the buyer, or
			 transferee, has the financial ability to pay up to $250,000 in damages
			 associated with construction or operation of the pipeline, or any other amount
			 the commission has determined is necessary when granting the permit.
(2) For purposes of this rule, reassignment
			 of a pipeline permit as part of a corporate restructuring, with no change in
			 pipeline operating personnel or procedures, is considered a transfer and
			 requires prior commission approval.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.18 - Termination of Petition for Pipeline Permit Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
If a pipeline company fails to publish the official notice
				within 90 days after the official notice is provided by the commission, the
				commission may dismiss the petition.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 10 - Intrastate Gas Pipelines and Underground Gas Storage › Rule 199-10.19 - Gathering Line Filing Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing
			 requirements.
Notice of the proposed construction of a gathering line
			 as defined in subrule 10.1(3) is required 30 days prior to the commencement of
			 construction. The notice shall include:
a. The
			 name of the pipeline company proposing to construct the gathering line and
			 evidence of authority from the Iowa secretary of state showing the company is
			 authorized to conduct business in Iowa.
b. The purpose of the proposed gathering
			 line.
c. A map of the proposed
			 route of the gathering line, similar to the map required in paragraph
			 10.3(1)
"b."
d. The
			 design of the proposed gathering line, similar to the information required in
			 paragraph 10.3(1)
"c."
e. The approximate date that construction
			 will begin.
f. A list of the
			 permissions or approvals of other state or local regulatory agencies required
			 for construction of the gathering line.
If construction is on agricultural land, an agricultural
				mitigation plan as required in 199-Chapter 9 or a written agreement with the
				landowner is to be provided to the county inspector.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 11 - Electric Lines › Rule 199-11.1 - General Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose and authority.
The purpose of this chapter is to
			 implement the requirements in Iowa Code chapter 478 and to establish procedures
			 for electric franchise proceedings before the Iowa utilities commission. This
			 chapter shall apply to any person engaged in the construction, operation, and
			 maintenance of electric transmission lines in Iowa.
(2)
Iowa electrical safety
			 code.
Overhead and underground electric line minimum safety
			 requirements to be applied in installation, operation, and maintenance are
			 found in 199-Chapter 25, Iowa electrical safety code.
(3)
Date of filing.
A
			 petition for franchise, and all other filings, shall be considered filed when
			 accepted for filing by the commission pursuant to 199-Chapter 14.
(4)
Franchise, when
			 required.
An electric franchise shall be required for the
			 construction, operation, and maintenance of any electric line capable of
			 operating at 69,000 volts (69 kV) or more outside of cities, except that a
			 franchise is not required for electric lines located entirely within the
			 boundaries of property owned by a person engaged in the transmission or
			 distribution of electric power or an end user.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 11 - Electric Lines › Rule 199-11.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the administration and interpretation of this chapter, the
				following words and terms, when used in these rules, shall have the meanings
				indicated below:
"Affected person"
means any person with a
				legal right or interest in the property, including but not limited to a
				landowner, contract purchaser of record, a person possessing the property under
				a lease, a record lienholder, and a record encumbrancer of the property.
"Capable of operating"
means the standard
				voltage rating at which the electric line, wire, or cable can be operated
				consistent with the level of the insulators and the conductors used in
				construction of the electric line, wire, or cable based on manufacturer's
				specifications, industry practice, and applicable industry standards.
"Commission"
means the utilities commission
				within the utilities division of the department of commerce.
"Electric company"
means any person that
				proposes to construct, erect, maintain, or operate an electric line, wire, or
				cable in Iowa.
"Person"
means individual, corporation,
				limited liability company, government or governmental subdivision or agency,
				business trust, estate, trust, partnership or association, or any other legal
				entity as defined in Iowa Code section 4.1(20).
"Termini"
means the electrically functional
				end points of an electric line, without which it could not serve a public use.
				Examples of termini may include, but are not limited to, generating stations,
				substations, or switching stations.
"Transmission line"
means any electric line,
				wire, or cable capable of operating at 69 kilovolts or more.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 11 - Electric Lines › Rule 199-11.3 - Route Selection

Current through Register Vol. 47, No. 3, July 24, 2024
The planning for a route that is the subject of a petition for
				franchise shall begin with routes that are near and parallel to roads, railroad
				rights-of-way, or division lines of land, according to the government survey,
				consistent with the provisions of Iowa Code section
				478.18(2).
(1)
Where deviations
			 allowed.
Where a route planned near and parallel to roads, railroad
			 rights-of-way, or division lines of land would contain segments making
			 transmission line construction not practicable and reasonable, generally for
			 engineering reasons, route deviation(s) may be proposed and accompanied by a
			 proper evidentiary showing that the initial route or routes examined did not
			 meet practicable and reasonable standards pursuant to Iowa Code section
			 478.18(2).
			 Deviations based on landowner preference or those that minimize interference
			 with land may be permissible; however, the electric company must demonstrate
			 that route planning began with a route or routes located near and parallel to
			 roads, railroad rights-of-way, or division lines of land.
(2)
Distance from buildings.
No transmission line shall be constructed outside of cities, except by
			 agreement, within 100 feet of any dwelling, house or other building, except
			 where the transmission line crosses or passes along a public highway or is
			 located alongside or parallel with the right-of-way of any railroad company,
			 consistent with the provisions of Iowa Code section
			 478.20.
			 Construction of a new building within 100 feet of an existing transmission line
			 shall be construed as "agreement" within the meaning of Iowa Code section
			 478.20.
(3)
Railroad crossings.
Where a petition for temporary construction permit is made as provided in Iowa
			 Code section
			 478.31,
			 an affidavit filed by an electric company will be accepted as a showing of
			 consent for the crossing if the affidavit states the following provisions, as
			 provided for in rule 199-42.3 (476), have been met:
(1) that proper application for approval of
			 the railroad crossing has been made,
(2) that a one-time crossing fee has been
			 paid, and
(3) that 35 days have
			 passed since mailing of the application and payment with no claim of special
			 circumstance or objection from the railroad. Such affidavit or an affirmative
			 statement of consent from the railroad shall be filed as soon as possible and
			 must be filed prior to commencement of construction of the railroad
			 crossing.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 11 - Electric Lines › Rule 199-11.6 - Petition for an Amendment to a Franchise

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for an amendment of a franchise shall include the
				same exhibits and information required for a new franchise as described in rule
				199-11.5 (478). Prior to the filing of any petition for an amendment to a
				franchise where an electric company must obtain new or additional interests in
				real property for a total of one route mile or more, informational meetings
				shall be held which meet the requirements of 199-11.4(478).
(1) When a petition for amendment is
			 required. A petition for amendment of a franchise shall be filed with the
			 commission for approval when the electric company is:
a. Increasing the operating voltage of any
			 electric line, the level to which it is capable of operating, or to a voltage
			 greater than that specified in the existing franchise.
b. Constructing an additional line which is
			 capable of operating at a nominal voltage of 69 kV or more on a previously
			 franchised line, where an additional line at such voltage is not authorized by
			 the existing franchise.
c.
			 Relocating a franchised line to a route different from that authorized by an
			 existing franchise, including the construction of tap(s) to a substation or
			 switching station, which requires that new or additional interests in property
			 be obtained, or that new or additional authorization be obtained from highway
			 or railroad authorities, for a total distance of one route mile or more, or for
			 any relocations where the right of eminent domain is sought. An amendment is
			 not required for relocations made pursuant to Iowa Code section
			 318.9(2).
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 11 - Electric Lines › Rule 199-11.7 - Petition for the Abbreviated Franchise Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligibility for abbreviated
			 franchise process.
Petitions for an electric franchise or an amendment
			 to a franchise may be filed pursuant to the abbreviated franchise process set
			 forth in Iowa Code section 478.1(5)  if the following requirements are met:
a. The project consists of the conversion,
			 upgrading, or reconstruction of an existing electric line operating at 34.5 kV
			 to a line capable of operating at 69 kV.
b. The project will be on substantially the
			 same right-of-way as an existing 34.5 kV line. For purposes of this subrule,
			 "substantially the same right-of-way" means that the new or additional
			 interests in private property right-of-way will be required for less than one
			 mile of the proposed project length. Easements required for conductor and
			 crossarm overhang of private property or for anchor easements shall not be
			 considered when determining the length of additional interests in private
			 property right-of-way.
c. The
			 project will have substantially the same effect on the underlying properties as
			 the existing 34.5 kV line.
d. The
			 completed transmission line will comply with the Iowa electrical safety code
			 found in 199-Chapter 25.
e. The
			 electric company does not request the power of eminent domain.
f. The electric company agrees to pay all
			 costs and expenses of the franchise proceeding.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 11 - Electric Lines › Rule 199-11.9 - Additional Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Forms.
An electric company shall use the appropriate form or
			 forms available on the commission's website when filing a petition, an
			 amendment to an existing franchise, or an extension of an existing franchise.
			 All filings shall be filed electronically in compliance with the commission's
			 electronic filing system requirements in 199-Chapter 14 and shall be considered
			 filed when accepted for filing into the commission's electronic filing system
			 pursuant to 199-Chapter 14.
(2)
Temporary construction permits.
An electric company may
			 request a temporary construction permit, as allowed by Iowa Code section
			 478.31, on the commission's petition for franchise forms.
(3)
Segmental ownership.
a. Petitions covering transmission line
			 routes having segments of the total transmission line with different owners
			 shall establish that the entire 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.
b. Petitions covering transmission line
			 routes having segments of the total transmission line with different owners
			 shall include documentation showing that the different owners have agreed to
			 the construction being proposed in the petition.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 11 - Electric Lines › Rule 199-11.10 - Notices

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice
			 of eminent domain proceedings.
If a petition for a franchise or
			 amendment of franchise seeks the right of eminent domain, the electric company
			 shall, in addition to publishing a notice of hearing, serve the written notice
			 required by Iowa Code section 478.6(2)  on the landowners and any affected
			 person for all parcels over which eminent domain is sought. The eminent domain
			 notice shall be filed with the commission for approval. Service shall be by
			 certified U.S. mail, return receipt requested, and addressed to the person's
			 last-known address. This notice shall be mailed no later than the first day of
			 publication of the official notice of hearing concerning the petition.
a. The notice of eminent domain proceedings
			 shall include the following:
(1) A copy of
			 the Exhibit E filed with the commission for the affected property.
(2) The proposed route of the electric
			 transmission line.
(3) The eminent
			 domain rights being sought over the property.
(4) The date, time and location of the
			 hearing and a description of the hearing procedures. The description of the
			 hearing procedures shall include the website address for the commission's
			 electronic filing system and contact information of the commission's customer
			 service section.
(5) The statement
			 of individual rights required pursuant to Iowa Code section 6B.2A(1).
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 11 - Electric Lines › Rule 199-11.11 - Common and Joint Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Common use construction.
Whenever an overhead electric line
			 capable of operating at 69 kV or more is built or rebuilt on public road
			 rights-of-way located outside of cities, all parallel overhead electric supply
			 circuits on the same road right-of-way shall be attached to the same or common
			 line of structures unless the commission authorizes, for good cause shown, the
			 construction of separate pole lines.
(2)
Relocating lines.
When a
			 transmission line is to be constructed in a location occupied by an electric
			 line or a communication line, the expense of relocating the existing line shall
			 be borne by the electric company proposing the new transmission line. The
			 electric company proposing the new transmission line shall not be required to
			 pay any part of the used life of the existing line, but shall pay only the
			 nonbetterment expense of relocating the existing line.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 11 - Electric Lines › Rule 199-11.12 - Termination of Franchise Petition Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Termination of docket.
Upon written notice to the commission
			 by an electric company that a franchise petition or petition for amendment of a
			 franchise is withdrawn, the docket shall be closed.
(2)
Failure to respond.
If
			 an electric company fails to respond to written notification by the commission,
			 to correct an incomplete or deficient franchise petition, or to publish the
			 official notice after the form of notice is provided by the commission, the
			 commission may dismiss the petition as abandoned. If dismissal would cause an
			 existing transmission line to be without a franchise, the commission may also
			 pursue imposition of civil penalties.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 11 - Electric Lines › Rule 199-11.13 - Fees and Expenses

Current through Register Vol. 47, No. 3, July 24, 2024
The electric company shall pay the actual cost incurred by the
				commission attributable to the processing, investigation, and inspection
				related to a petition requesting an electric franchise, an amendment to an
				electric franchise, or an extension of an electric franchise.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 11 - Electric Lines › Rule 199-11.14 - Federally Registered Planning Authority Transmission Projects

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Purpose.
The purpose of this rule is to implement the
			 requirements of Iowa Code section 478.16.
(2)
Definitions.
For the
			 administration and interpretation of this rule, the following words and terms,
			 when used in this rule, shall have the following meanings:
"Electric transmission line"
means a
				high-voltage electric transmission line with a capacity of 100 kilovolts or
				more and any associated electric transmission facility, including any
				substation or other equipment.
"Electric transmission owner"
means an
				individual or entity who, as of July 1, 2020, owns and maintains an electric
				transmission line that is required for rate-regulated electric utilities,
				municipal electric utilities, and rural electric cooperatives in this state to
				provide electric service to the public for compensation.
"Federally registered planning authority"
means any independent system operator or regional transmission organization
				approved by the Federal Energy Regulatory Commission.
"Incumbent electric transmission owner"
means
				any of the following:
1. A public
			 utility or a municipally owned utility that owns, operates, and maintains an
			 electric transmission line in this state.
2. An electric cooperative corporation or
			 association or municipally owned utility that owns an electric transmission
			 facility in this state and has turned over the functional control of such
			 facility to a federally approved authority.
3. An electric transmission owner.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 13 - Hazardous Liquid Pipelines and Underground Storage › Rule 199-13.3 - Petition for Permit

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A petition
			 for a permit shall be filed with the commission upon the form prescribed and
			 shall include all required exhibits. The petition shall be considered filed
			 with the commission on the date accepted by the commission's electronic filing
			 system as provided for in 199-Chapter 14. The petition shall be attested to by
			 an officer, official, or attorney with authority to represent the pipeline
			 company. Required exhibits shall be in the following form:
a.
Exhibit A.
A legal
			 description showing, at minimum:
(1) The
			 beginning and ending points of the proposed pipeline.
(2) The general direction of the proposed
			 route through each quarter section of land to be crossed, including township
			 and range.
(3) Whether the proposed
			 pipeline will be located on private or public property, public highway, or
			 railroad right-of-way.
(4) Other
			 pertinent information.
(5) 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.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 13 - Hazardous Liquid Pipelines and Underground Storage › Rule 199-13.5 - Objections

Current through Register Vol. 47, No. 3, July 24, 2024
Any person whose rights or interests may be affected by a
				proposed pipeline or underground storage facility may file a written objection
				with the commission. Written objections shall be filed with the commission not
				less than five days prior to date of hearing. The commission may, for good
				cause shown, permit filing of objections less than five days prior to hearing,
				but in such event the pipeline company shall be granted a reasonable time to
				respond to a late-filed objection.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 13 - Hazardous Liquid Pipelines and Underground Storage › Rule 199-13.6 - Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a pipeline permit, or amendment to a pipeline
				permit, shall be scheduled for hearing not less than 10 nor more than 30 days
				from the date of last publication of the notice of hearing.
(1) Representation of a pipeline company at a
			 pipeline permit hearing shall comply with the requirements of 199-subrule
			 7.4(8).
(2) The commission or
			 presiding officer may schedule a prehearing conference to consider a procedural
			 schedule for the petition and a hearing date.
(3) One or more petitions may be consolidated
			 for hearing.
(4) Hearings shall be
			 scheduled and held in the office of the commission or at any other place within
			 the state of Iowa as the commission may designate pursuant to Iowa Code section
			 479B.6. Requests for conducting a hearing or taking testimony by telephone or
			 electronic means may be approved by the commission or presiding
			 officer.
(5) The hearing
			 requirements in this rule also apply to petitions for hazardous liquid
			 underground storage permits and amendments to hazardous liquid underground
			 storage permits.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 13 - Hazardous Liquid Pipelines and Underground Storage › Rule 199-13.7 - Pipeline Permit

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A pipeline
			 permit shall be issued once an order granting the permit is final and the
			 compliance requirements have been met. A pipeline company may request
			 commission approval to delay obtaining consent to cross railroad right-of-way
			 until after the pipeline permit is issued.
(2) The issuance of the permit authorizes
			 construction on the route or location as approved by the commission, subject to
			 deviation within the permanent route easement right-of-way. If a deviation
			 outside the permanent route easement right-of-way becomes necessary,
			 construction of the line in that location shall be suspended and the pipeline
			 company shall follow the procedures for filing a petition for amendment of a
			 permit, except that the pipeline company need only file Exhibits A, B, E and F,
			 reflecting the proposed deviation. In case of any deviation from the approved
			 permanent route easement, the pipeline company shall secure the necessary
			 easements before construction may commence on the altered route. The right of
			 eminent domain shall not be used to acquire any such easement except as
			 specifically approved by the commission, and a hearing will not be required
			 unless the commission determines a hearing is necessary to complete a review of
			 the petition for amendment.
(3) If
			 the construction of facilities authorized by a permit is not commenced within
			 two years of the date the permit is granted, or within two years after final
			 disposition of judicial review of a permit or of condemnation proceedings, the
			 permit shall be forfeited, unless the commission grants an extension of the
			 permit filed prior to the expiration of the two-year period.
(4) Upon completion of the proposed
			 construction, maps accurately showing the final routing of the pipeline, in
			 compliance with 199-Chapter 9 and revised Exhibits A, B, and C, shall be filed
			 with the commission.
(5) The
			 commission shall set the term of the permit. The term of the permit may be less
			 than, but shall not exceed, 25 years from the date of issuance.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 13 - Hazardous Liquid Pipelines and Underground Storage › Rule 199-13.8 - Renewal Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A petition
			 for renewal of an original or previously renewed pipeline permit may be filed
			 at any time subsequent to issuance of the permit and shall be filed at least
			 one year prior to expiration of the permit. This requirement is not applicable
			 to renewal of permits that expire within one year of October 13, 2021. The
			 petition shall be made on the form prescribed by the commission. Instructions
			 for the petition are included as part of the form, and the form is available on
			 the commission's website. The petition shall include the name of the pipeline
			 company requesting renewal of the permit, the pipeline company's principal
			 office and place of business, a description of any amendment or reportable
			 change since the permit or previous renewal permit was issued, and the same
			 exhibits as required for a new permit. The petition shall be considered filed
			 with the commission on the date accepted into the commission's electronic
			 filing system as provided for in 199-Chapter 14. The petition shall be attested
			 to by an officer, official, or attorney with authority to represent the
			 pipeline company.
(2) The procedure
			 for a petition for permit shall be followed with respect to publication of
			 notice, objections, and assessment of costs.
(3) If there are unresolved issues of fact or
			 law, or if an objection is filed within 20 days of the second publication of
			 the published notice, the commission shall set the matter for hearing. If a
			 hearing is not required, and the petition satisfies the requirements of this
			 rule, a renewal permit will be issued upon the filing of the proof of
			 publication as required by rule 199-13.4 (479B).
(4) The commission shall set the term of a
			 renewal permit. The term may be less than, but shall not exceed, 25 years from
			 the date of issuance. The same procedure shall be followed in subsequent
			 renewals.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 13 - Hazardous Liquid Pipelines and Underground Storage › Rule 199-13.9 - Amendment of Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An amendment
			 of a pipeline permit by the commission is required in any of the following
			 circumstances:
a. Construction of an
			 additional pipeline paralleling all or part of an existing pipeline of the
			 pipeline company.
b. Extension of
			 an existing pipeline of the pipeline company outside of the permitted permanent
			 route easement.
c. Relocation or
			 replacement of an existing pipeline of the pipeline company which:
(1) Relocates the pipeline outside of the
			 permitted permanent route easement approved by the commission; or
(2) Involves relocation or replacement
			 requiring new or additional interests in property. If the relocation or
			 replacement is for five miles or more of pipe to be operated in excess of 150
			 pounds per square inch gauge, an informational meeting, as provided in rule
			 199-13.2 (479B), shall be held.
d. Contiguous extension of an underground
			 storage area of the pipeline company.
e. Modification of any condition or
			 limitation placed on the construction or operation of the pipeline in the final
			 order granting the pipeline permit or previous renewal of the permit.
Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 13 - Hazardous Liquid Pipelines and Underground Storage › Rule 199-13.10 - Fees and Expenses

Current through Register Vol. 47, No. 3, July 24, 2024
The pipeline company shall pay the actual unrecovered cost
				incurred by the commission attributable to the informational meeting,
				processing, investigation, hearing, inspection related to a petition requesting
				a pipeline permit, and any other activity of the commission related to a
				pipeline permit, pursuant to 199-Chapter 17.