ARC 4420C

ARC 4420C

UTILITIES DIVISION[199]

Notice of Intended Action

Proposing rule making related to annual reports

and providing an opportunity for public comment

The Utilities Board hereby proposes to amend Chapter 23, "Annual Report," 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 476.2, 476.9 and 476.10.

Purpose and Summary

The Utilities Board (Board) is conducting a comprehensive review of its administrative rules in accordance with Iowa Code section 17A.7(2). The purpose of this review is to identify and update or eliminate rules that are outdated or inconsistent with statutes and other administrative rules.

On December 19, 2018, the Board issued an order requesting stakeholder comment on proposed amendments and shared the proposed amendments to Chapter 23 with stakeholders and the public. The Board received comments from Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy; the Office of Consumer Advocate (OCA), a division of the Iowa Department of Justice; BKD, LLP; Interstate Power and Light Company; and the Iowa American Water Company.

The Board issued an order on April 19, 2019, commencing this rule making. The order is available on the Board's electronic filing system, efs.iowa.gov, under Docket No.RMU-2016-0036.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

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 amendments 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 rules in this chapter.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m.on May 28, 2019. Comments should be directed to:

Public Hearing

An oral presentation at which persons may present their views orally or in writing will be held as follows:

Persons who wish to make oral comments at the oral presentation may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.

Any persons who intend to attend the oral presentation and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.

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 actions are proposed:

Item 1. Amend subrule 23.1(2) as follows:

23.1(2) Each public utility subject to Iowa Code chapter 476 shall file an annual report with this board , on or before April 1 of each year , an annual report as described in this chapter and covering operations during the immediately preceding calendar year. Pursuant to Iowa Code chapter 476, this This information will be used to apportion the costs of the utilities division pursuant to Iowa Code section 476.10. If a utility ceases operations through merger or sale of its plant during the calendar year, each utility involved in the transaction shall separately file, within 90 days after the merger or sale, an annual report covering the portion of the calendar year operations to the date of sale or merger.

Item 2. Amend subrule 23.1(3) as follows:

23.1(3) All pages of the report must be completed and submitted to the board. The words "none" or "not applicable" may be used to complete a schedule when they accurately and fully state the facts. The board shall be notified of the nature, amount, and purpose of any accounts used in addition to those prescribed in utilities division 199—Chapter 16. A copy shall be retained in the respondent's file. All reports are to be prepared for and certified to the Iowa utilities board. The forms that are to be completed by each utility shall be made available on the board's website or by other means readily accessible. The board may require the completed forms to be filed electronically through either a portal on the board's website or the board's electronic filing system.

Item 3. Rescind subrule 23.1(4).

Item 4. Rescind rule 199—23.2(476) and adopt the following new rule in lieu thereof:

199—23.2(476) Annual report requirements. Annual report forms shall be provided by the board for the following utilities.

23.2(1) Investor-owned electric utilities.

a. Investor-owned, rate-regulated electric utilities shall file Form IE-1. Such utilities shall also include a copy of FERC Annual Report Form No.1 or 1A as applicable.

b. Investor-owned, non-rate-regulated electric utilities shall file Form EC-1.

23.2(2) Investor-owned gas utilities. Investor-owned gas utilities shall file Form IG-1. Such utilities shall also include a copy of FERC Annual Report Form No.2 or 2A as applicable.

23.2(3) Water utilities. Regulated water utilities shall file Form WA-1.

23.2(4) Cooperative electric utilities corporations or associations. Cooperative electric utilities shall file Form EC-1.

23.2(5) Municipal utilities.

a. Municipally owned electric utilities shall file Form ME-1.

b. Municipally owned gas utilities shall file Form MG-1.

23.2(6) Providers of telecommunications service. Providers of telecommunications service shall file Form TC-1.

23.2(7) Competitive natural gas providers and aggregators. Competitive natural gas providers and aggregators shall file Form CNGP-1.

23.2(8) Generation and transmission cooperatives. Generation and transmission cooperatives shall file Form EC-1N.

23.2(9) Additional requirements for rate-regulated utilities. Reports by rate-regulated utilities which have multistate operations shall provide information concerning their Iowa operations as requested on the forms provided by the board. A rate-regulated utility shall file as part of its annual report:

a. A list (by title, author, and date) of any financial, statistical, technical or operational reviews or reports that a company may prepare for distribution to stockholders, bondholders, utility organizations or associations or other interested parties; and

b. A list (by form number and title) of all financial, statistical, technical and operational review-related documents filed with an agency of the federal government.

23.2(10) Storm water drainage and sanitary sewage utilities. Storm water drainage and sanitary sewage utilities shall file Form SW-1.

Item 5. Rescind and reserve rule 199—23.3(476).