Iowa Administrative Code

set forth in Iowa Code section 476.27: “crossing,” “direct expenses,” “electric transmission owner,” “facility,” “public utility,” “railroad” or “railroad corporation,” “railroad right-of-way,” and “special circumstances.” In addition, as used in this chapter, the following defin…

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. [ARC 8257C, IAB 10/16/24, effective 11/20/24]

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 that acquires ownership or control of all or substantially a…

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 crea…

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 porti…

way, the public utility shall contact the railroad to determine whether 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 relocat…

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. [A…

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 a…

promulgated under Iowa Code chapter 17A and section 476.27 as guides for procedures when railroads or public utilities file with the commission complaints regarding crossings pursuant to Iowa Code section 476.27(2)“a”(9) or petitions for relief pursuant to Iowa Code section 476.2…

42.18(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 commission may file a complaint with the commission. 42.18(2) Petitions for relief. A r…

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 sectio…

42.3(1) Notice and exhibit. Any time a public utility intends to construct a crossing across a railroad right-of-way, the utility shall submit to the railroad a notification of intent to construct, along with a specification exhibit that shows the location of the crossing and the…

42.4(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…

42.5(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 m…

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 proc…

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 made on a case-by-case basis, according to the procedures in rule 199—42.18(17A,476), depen…

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 railr…

42.9(1) 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: a. General public liability insurance with limits of not less th…

chapter 477A relating to certificates of franchise authority issued by the commission for the provision of cable or video service. The purpose of these rules is to establish procedures for initial applications for and subsequent modifications, transfers, terminations, or updates …

mean the same as defined in 47 U.S.C. Section 522, effective February 8, 1996, and Iowa Code section 477A.1, unless defined below: “Certificate of franchise authority” means the certificate issued by the commission authorizing the construction and operation of a cable or video se…

provide cable or video service in Iowa without a franchise. The franchise may be issued by either the commission pursuant to this chapter or by a municipality pursuant to Iowa Code section 364.2. 44.3(1) Existing franchise agreements. A franchise in effect before July 1, 2007, is…

44.4(1) Notice of intent to provide service. At least 30 days before providing service in any part of a competitive cable or video service provider’s service area in which the provider has not yet offered service pursuant to a commission-issued certificate of franchise authority,…

competitive cable or video service provider applies for a certificate of franchise authority to operate within a municipality, the incumbent cable provider in that municipality may apply for a certificate of franchise authority for that same municipality pursuant to Iowa Code sec…

44.6(1) Sixty days prior to the expiration date of a certificate, the certificate holder shall file with the commission a notice of renewal containing the following: a. An acknowledgment that the certificate holder continues to hold the certificate; b. A statement that the certif…

(PURPA), 16 U.S.C. 2601 et seq., in effect as of July 16, 2025, will have the same meaning for purposes of these rules as the terms have under PURPA unless further defined in this chapter. “Adverse system impact” means a negative effect that compromises the safety or reliability …

an interconnection request that meets the criteria in subrule 45.7(3) or 45.7(4). A utility will not impose additional requirements for Level 3 reviews not specifically authorized under this rule or rule 199—45.3(476) unless the applicant agrees. 45.10(1) A Level 3 interconnectio…

interconnection request that meets the criteria in subrule 45.7(4). 45.11(1) The applicant submits an interconnection request using the Levels 2 to 4 Interconnection Request Application form along with the Level 4 application fee. 45.11(2) Within ten business days after receipt o…

45.12(1) A party shall attempt to resolve all disputes regarding interconnection promptly and in a good-faith manner. A party shall provide prompt written notice of the existence of the dispute, including sufficient detail to identify the scope of the dispute, to the other party …

45.13(1) For each completed interconnection request received by the utility, the utility shall maintain records of the following for a minimum of three years: a. The date the interconnection application was received as complete, the total AC nameplate capacity, and the fuel type …

45.2(1) This chapter applies to utilities, and distributed generation facilities seeking to operate in parallel with utilities, provided the facilities are not subject to the interconnection requirements of an affected system, the Federal Energy Regulatory Commission (FERC), the …

and the utility cannot reach mutual agreement, the interconnection customer may seek resolution through the dispute process in rule 199—45.12(476). [ARC 9353C, IAB 6/11/25, effective 7/16/25] 199—45.3(476) Technical standards. The technical standard to be used in evaluating inter…

45.4(1) Applicants seeking to interconnect a distributed generation facility shall submit an interconnection request to the utility that owns the electric distribution system to which interconnection is sought; identify in the application if the applicants are representing a grou…

45.5(1) When an interconnection request for a distributed generation facility includes multiple energy production devices at a site for which the applicant seeks a single point of interconnection, the interconnection request shall be evaluated on the basis of the aggregate namepl…

interconnection review under rule 199—45.8(476), 199—45.9(476), or 199—45.10(476) (as described in rule 199—45.7(476)) if the distributed generation facility uses interconnection equipment that is lab- certified. 45.6(1) Interconnection equipment is deemed lab-certified if: a. Th…

request should be processed under the Level 1, 2, 3, or 4 procedures by using the following screens. 45.7(1) Level 1 procedures are used to evaluate all interconnection requests to connect a distributed generation facility when: a. The applicant has filed a Level 1 application; b…

procedures for an interconnection request that meets the requirements specified in subrule 45.7(1). A utility will not impose additional requirements on Level 1 reviews that are not specifically authorized under this rule or rule 199—45.3(476) unless the applicant agrees. 45.8(1)…

interconnection requests that meet the Level 2 criteria in subrule 45.7(2). A utility will not impose additional requirements for Level 2 reviews that are not specifically authorized under this rule or rule 199—45.3(476) or subrule 45.5(9) unless the applicant agrees. 45.9(1) The…

of the informal process, the party may file a formal complaint with the commission under rule 199—6.5(476). 45.12(4) Pursuit of dispute resolution shall not affect an interconnection applicant with regard to consideration of an interconnection request or an interconnection applic…

appearing in person at the commission’s office at 1375 East Court Avenue, Des Moines, Iowa 50319-0069; by mailing an inquiry to the commission’s office; by placing a telephone call to the commission’s customer service bureau at 515.725.7300 or toll-free at 877.565.4450; by sendin…

[ARC 7635C, IAB 2/21/24, effective 3/27/24; Editorial change: IAC Supplement 7/24/24] 199—6.2(476) Informal complaint procedures. Any person may submit a written complaint to the commission requesting a determination of the reasonableness of rates, charges, schedules, service, re…

that includes the necessary information outlined in rule 199—6.2(476), commission staff shall initiate the informal complaint process by opening an investigation into the complaint and assigning the informal complaint a file number. 6.3(1) Within ten days after receipt of the wri…

6.5(1) Request for formal proceeding based upon a proposed resolution. If the consumer advocate, complainant, or public utility does not agree with the proposed resolution, a request for a formal complaint proceeding may be made in writing within 14 days of the issuance of the pr…

procedures set forth in 199—Chapter 7 will apply. [ARC 7635C, IAB 2/21/24, effective 3/27/24]

investigation shall be uploaded into the electronic filing system formal complaint docket and be made part of the record in the formal complaint proceeding. The information from the informal complaint investigation shall be redacted pursuant to requirements in 199—Chapter 7. [ARC…

telecommunications services. Notwithstanding the deregulation of a communications service or facility pursuant to Iowa Code section 476.1D, complaints alleging an unauthorized change in telecommunications service (more information is contained in the “Unauthorized changes in tele…

7.1(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,…

7.10(1) The commission or presiding officer may order the parties to file prefiled testimony and exhibits prior to the hearing. The use of prefiled testimony is the standard method for providing testimony in contested cases and other proceedings. 7.10(2) Prefiled testimony contai…

offered is contained in a book, report, or other document, the offering party will file only the material, relevant portions in an exhibit. [ARC 8430C, IAB 12/11/24, effective 1/15/25]

for relief, and state the relief or order sought. Motions based on matters that do not appear of record may be supported by affidavit or other evidence. The filing of motions is governed by 199—Chapter 14. Any party may file a written response to a motion no later than 14 days fr…

7.14(1) Consolidation. The commission or presiding officer may consolidate in one docket any or all matters at issue in two or more dockets. When deciding whether to consolidate, the commission or presiding officer may consider: a. Whether the matters at issue involve common part…