ARC 3990C

ARC 3990C

UTILITIES DIVISION[199]

Notice of Intended Action

Proposing rule making related to energy efficiency of nonregulated utilities and providing an opportunity for public comment

The Utilities Board hereby proposes to rescind Chapter 36, "Energy Efficiency Planning and Reporting for Natural Gas and Electric Utilities Not Required to Be Rate-Regulated," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 474.5 and 476.2.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code sections 476.1A(1)"g," 476.1B(1)"l" and 476.6(15)"d."

Purpose and Summary

The purpose of this proposed rule making is to rescind and reserve the Board's rules regarding the energy efficiency of nonregulated utilities as required by Iowa Code section 476.6 as amended by 2018 Iowa Acts, Senate File 2311.

The Board issued an order on August 22, 2018, commencing this rule making. The order provides a full discussion of the proposed amendment. The order is available on the Board's electronic filing system, efs.iowa.gov, under Docket No. RMU-2018-0001.

Fiscal Impact

The proposed rescission removes energy efficiency requirements in the existing rules as mandated by state law. No additional actions having fiscal impact are being proposed.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

No waiver provision is included in the proposed amendment because the Board has a general waiver provision in rule 199—1.3(17A,474,476) that provides procedures for requesting a waiver of the Board's rules.

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on October 2, 2018. Comments should be directed to:

Public Hearing

No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making action is proposed:

Rescind and reserve 199—Chapter 36.