Iowa Admin. Code r. 199-7.1
Current through Register Vol. 47, No. 11, December 11, 2024
Rule 199-7.1 - [Effective until 1/15/2025] Scope and applicability(1) This chapter applies to contested case proceedings, investigations, and other proceedings conducted by the commission or a presiding officer, unless the proceedings have specific procedures established in commission rules. If there are no other applicable procedural rules, this chapter applies to other types of agency action, unless the commission or presiding officer orders otherwise. The rules in this chapter regarding the content and format of pleadings, testimony, workpapers, and other supporting documents apply to both paper filings and electronic filings made pursuant to 199-Chapter 14. The rules in this chapter regarding filing, service, and number of copies required apply to paper filings. Electronically filed documents shall be filed and served according to 199-Chapter 14. The commission has established additional procedural requirements in other chapters as described in subrules 7.1(2) through 7.1(5).(2) Additional rules applicable only to rate cases, tariff filings, and rate regulation election by rural electric cooperatives are contained in 199-Chapter 26.(3) Notice of inquiry dockets and investigations. The commission may issue a notice of inquiry or open an investigation and establish a docket through which the inquiry or investigation can be processed. The procedural rules in this chapter shall apply to these dockets, unless otherwise ordered by the commission or presiding officer.(4) Reorganizations. Procedural rules applicable to reorganizations are included in 199-32.9 (476). In the event the requirements in 199-32.9 (476) conflict with the requirements in this chapter, the 199-32.9 (476) requirements are controlling.(5) Discontinuance of service incident to utility property transfer. This subrule does not apply to telecommunications service providers registered with the commission pursuant to Iowa Code section 476.95A. a.Scope. This rule applies to discontinuance of utility service pursuant to Iowa Code section 476.20(1), which includes the termination or transfer of the right and duty to provide utility service to a community or part of a community incident to the transfer, by sale or otherwise, except a stock transfer incident to corporate reorganization. This rule does not limit rights or obligations created by other applicable statutes or rules.b.Application. A public utility shall obtain commission approval prior to discontinuance of utility service. The public utility shall file an application for permission to discontinue service that includes a summary of the relevant facts and the grounds upon which the application should be granted. When the discontinuance of service is incident to the transfer of utility property, the transferor utility and the transferee shall file a joint application.c.Approval. Within 30 days after an application is filed, the commission shall approve the application or docket the application for further investigation. Failure to act on the application within 30 days will be deemed approval of the application.d.Contested cases. Contested cases under paragraph "c" shall be completed within four months after date of docketing.e.Criteria. The application will be granted if the commission finds the utility service is no longer necessary, or if the commission finds the transferee is ready, willing, and able to provide comparable utility service.(6) The purpose of these rules is to facilitate the transaction of business before the commission and to promote the just resolution of controversies. Consistent with this purpose, the application of any of these rules, unless otherwise required by law, may be waived by the commission or presiding officer pursuant to 199-1.3 (17A,474,476).(7) Procedural orders. a. Authority to issue procedural orders in all proceedings, including contested case proceedings, investigations, and all other dockets and matters before the commission when a majority of the commission is not available due to emergency, or for the efficient and reasonable conduct of proceedings, is granted to a single commission member. If no member of the commission is available to issue a procedural order due to emergency, or for the efficient and reasonable conduct of proceedings, the procedural order may be issued by a presiding officer designated by the commission. If a presiding officer is not available to issue a procedural order due to an emergency, or for the efficient and reasonable conduct of proceedings, a procedural order may be issued by the general counsel of the commission.b. Procedural orders under this subrule shall be issued only upon the showing of good cause and when the prejudice to a nonmoving party is not great. The procedural order under this subrule shall state that it is issued pursuant to the delegation authority established in subrule 7.1(7) and that the procedural order so issued is subject to review by the commission upon its own motion or upon motion by any party or other interested person.Iowa Admin. Code r. 199-7.1
Amended by IAB January 29, 2020/Volume XLII, Number 16, effective 3/4/2020Editorial change: IAC Supplement 7/24/2024