Iowa Administrative Code

filing threshold in any calendar year shall file with the commission a cost allocation manual on or before September 1 of the following year; however, a letter so stating may be filed if the utility has not changed its cost allocation manual since the last filing. In the event th…

33.6(1) Nonutility service provided to regulated subsidiary or utility. The utility or its regulated subsidiary shall pay for a nonutility service provided to it by an affiliate at the price actually charged to nonaffiliates. If no such price is available, the service is to be pr…

33.7(1) If an asset that is a direct cost of nonutility operations becomes a cost of utility operations, the asset shall be transferred or allocated to utility operations at the lesser of net book value, the price actually charged to affiliates or nonaffiliates, or the market pri…

than on an incidental or casual basis, to promote the availability of a nonutility service from the public utility shall allow competitors access to certain services. [ARC 7697C, IAB 3/6/24, effective 4/10/24]

“Engaged primarily in providing the same competitive nonutility services in the area” means that a person, on an ongoing basis, sells or leases equipment or products or offers services, accounting for at least 60 percent of the person’s gross business revenue, that are functional…

the same competitive nonutility services in the area” in rule 199—34.2(476) may use, to the same extent utilized by the public utility for its nonutility service in connection with nonutility services, the customer lists, billing and collection system, and mailing system of the p…

34.4(1) When a person meeting the definition of “engaged primarily in providing the same competitive nonutility services in the area” in rule 199—34.2(476) uses the billing and collection system of a public utility, the public utility shall promptly remit to that person all funds…

476.6(13) and 476.6(15) relating to the energy efficiency and demand response plans and reports filed by rate-regulated natural gas and electric utilities. The purpose of these rules is to establish requirements for energy efficiency and demand response plans, modifications, prud…

35.10(1) An approved energy efficiency plan or an approved demand response plan and associated budget may be modified if the modification is approved by the commission. a. Electric utilities may request a modification to an approved energy efficiency plan due to changes in the fu…

35.11(1) The commission shall periodically conduct a contested case proceeding to evaluate the reasonableness and prudence of the utility’s implementation of energy efficiency and demand response plans and budgets. The prudence review shall be based upon the information filed by …

electric service shall not provide service to any structure completed after April 1, 1984, unless the owner or builder of the structure has certified to the utility that the building conforms to the energy conservation requirements adopted under 661—Chapter 303. If this complianc…

“Annual Iowa retail rate revenue” means the utility’s expected revenue forecast based on customer growth rate, usage per customer, volumes, margin rate, customer charge rate, and the cost of generation of fuel. “Assessment of potential” means development of cost-effective energy …

35.3(1) Each electric and natural gas utility shall file a five-year energy efficiency plan. Each electric utility shall file a five-year demand response plan. Combination electric and natural gas utilities may file combined assessments of potential and energy efficiency and dema…

35.4(1) Assessment of potential. The utility shall conduct an assessment of potential study to determine the cost-effective energy and capacity savings available in accordance with Iowa Code section 476.6(15). The utility’s assessment shall address the potential energy and capaci…

35.5(1) Each electric and natural gas utility shall file with the commission an energy efficiency plan, and each electric utility shall file a demand response plan. 35.5(2) The utility’s energy efficiency and demand response plans shall include testimony, exhibits, and workpapers…

35.6(1) The commission shall conduct a contested case proceeding for the purpose of developing specific capacity and energy savings performance standards for each utility required to be rate-regulated and reviewing energy efficiency and demand response plans and budgets designed …

35.7(1) The utility shall allow customers to request exemption from participating in the utility’s electric energy efficiency plan if the combined ratepayer impact measure test result for the utility’s approved five-year electric energy efficiency and demand response plan is less…

efficiency annual report that shall include the utility’s energy efficiency and demand response spending compared to the approved budgets; actual demand and energy savings compared to the performance standards approved by the commission; cost-effectiveness results for the prior c…

recover the authorized energy efficiency and demand response plan expenditures adjusted for any overcollections or undercollections calculated on an annual basis. The utility may propose to recover the portion of the costs of process-oriented industrial assessments related to ene…

Code section 477C.4 to secure, finance, and distribute telecommunications devices. The commission’s equipment distribution program serves eligible individuals who are deaf or hard of hearing or who have difficulty with speech. The equipment distribution program will be limited by…

program administrator chosen by the commission. Distribution of equipment will be made through a voucher system utilizing private vendors for equipment purchases. Vouchers to pay part or, depending upon the price, all of the cost of equipment will be issued by the program adminis…

to be distributed through the program. [ARC 8997C, IAB 3/5/25, effective 4/9/25]

vouchers will not be issued during a period if unpaid vouchers are outstanding for the remaining funds budgeted for the period. By signing the application form or otherwise averring to the accuracy of the information contained in the application, an applicant or the applicant’s p…

37.5(1) Amount. The voucher will state a standard amount for a particular piece of equipment. a. The standard amount shall be determined and updated periodically by the commission. b. The standard amount shall be 95 percent of the average retail market price for the piece of equi…

resolved pursuant to the following: 37.6(1) The program administrator will make determinations concerning matters such as eligibility, type of equipment for particular applicants, or reimbursement of vendors. 37.6(2) The program administrator, after requiring interested persons t…

38.1(1) Application and purpose of rules. This chapter applies to local exchange carriers. The purpose of these rules is to further the development of competition in the local exchange services market. 38.1(2) Definitions. For the administration and interpretation of this chapter…

telecommunications traffic and desires to terminate that traffic on the network of another local exchange carrier may choose the point(s) of interconnection between the two networks for the exchange of that originating local telecommunications traffic at any technically feasible …

38.3(1) Tariff filings. a. Filing schedule. Each incumbent local exchange carrier shall file tariffs implementing unbundling for the facilities enumerated in paragraph 38.3(1)“b.” The obligation to file a tariff does not apply to a rural telephone company until the conditions spe…

another local exchange carrier as local service or extended area service terminating traffic if the terminating traffic is long distance or some other type of traffic for which terminating switched access charges would otherwise have been payable. Any local exchange carrier may b…

rural telephone companies as defined in Section 3(47) of the Telecommunications Act of 1996. The commission may make all or part of this rule applicable to a rural telephone company or companies in proceedings relating to Section 251(f) of the Act. 38.5(1) Voluntary negotiations.…

carriers as eligible to receive support from the federal universal service fund and are prescribed by the commission pursuant to Iowa Code sections 17A.4, 476.2, 476.15, and 476.102 and 47 U.S.C. §214(e) and 254, effective April 9, 2025. These rules are intended to preserve and a…

service fund requirements, the following definitions apply: “Broadband service” means the broadband Internet access service (defined in 47 CFR §54.400(l)) designated by the Federal Communications Commission (FCC) in 47 CFR §54.101 as eligible for support by the federal universal …

39.3(1) A common carrier must be designated as an ETC to qualify for support from the federal universal service fund. The commission reviews applications for designation as an ETC for compliance with 47 U.S.C. §214(e)(1) and grants ETC designations to qualified applicants for a s…

receiving support from the Lifeline program, the following requirements apply in addition to those specified in rule 199—39.3(476): 39.4(1) Approved compliance plan required. The applicant shall submit a copy of a compliance plan submitted to the FCC and a copy of the FCC’s notic…

39.5(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 servic…

Link Up program). 39.6(1) Carrier obligation to offer Lifeline. Pursuant to 47 CFR §54.405, all ETCs must make Lifeline service available, as defined in 47 CFR §54.401, to qualifying low-income consumers, defined as consumers who meet the qualifications for Lifeline as specified …

39.7(1) Annual certifications from carriers seeking to continue to receive high-cost support. Any carrier seeking to continue to receive federal high-cost support shall file with the commission no later than July 1 of each year an affidavit titled “Certification of [Company Name]…

its designation as such a carrier in any area served by more than one ETC. An ETC that seeks to relinquish its designation for an area served by more than one ETC shall give 30 days’ advance notice to the commission of such relinquishment. A carrier that is granted ETC status in …

commission for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the commission. The petition shall conform with this chapter and with Iowa Code section 17A.9. A petition shall be dated and signe…

declaratory order may file with the commission a petition for intervention pursuant to the “Intervention” rule contained in 199—Chapter 7 within 20 days of the filing of a petition for a declaratory order. The commission may at its discretion entertain a late-filed petition for i…

and the commission may order additional briefing. [ARC 7749C, IAB 4/3/24, effective 5/8/24; Editorial change: IAC Supplement 7/24/24]

the petitioner shall serve the petition, in accordance with the “Service of documents” subrule in 199—Chapter 7 and the “Electronic service” rule in 199—Chapter 14, upon any person who, based upon a reasonable investigation, would be a necessary party to the proceeding under appl…

meeting between the petitioner, all intervenors, and the commission, a member of the commission, or a designated member of the staff of the commission to discuss the questions identified in the petition. The commission may solicit comments from any person on the questions raised.…

4.6(1) Grounds. The commission will not issue a declaratory order that would substantially prejudice the rights of a person who would be a necessary party and who does not consent in writing to determination of the matter in a declaratory order proceeding. The commission may refu…

4.7(1) The issuance of a declaratory order constitutes final agency action on the petition. A declaratory order is binding on the commission, on the petitioner, on any intervenors who consent to be bound, and on any persons who would be necessary parties, who are served pursuant …

forth in Iowa Code sections 476.42 and 476.72: “affiliate,” “alternate energy production facility,” and “control.” In addition, as used in this chapter, the following definitions shall apply: “AFUDC” means allowance for funds used during construction. “Baseload generation” means …

41.2(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…

of persons proposing to construct, repower, or lease a facility and desiring predetermination of ratemaking principles for costing that facility shall file an application with the commission. An application may be for one facility or a combination of facilities necessary to meet …

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. [A…

utility proposing to acquire, in whole or in part, a water, sanitary sewage, or storm water system with a purchase price of $3,000,000 or more from a non-rate-regulated entity described in Iowa Code section 476.1(3) shall file an application for approval of the acquisition with t…