Notice of Intended Action

Federally registered planning authority transmission projects, 11.14

Untitled document

ARC 6016C

UTILITIES DIVISION[199]

Notice of Intended Action

Proposing rule making related to federally registered planning authority transmission projects and providing an opportunity for public comment

The Utilities Board hereby proposes to amend Chapter 11, "Electric Lines," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 478.16.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapter 478.

Purpose and Summary

The Board is conducting this rule making to implement the requirements of Iowa Code section 478.16. The Board is proposing this rule making to establish the process for when and how an incumbent electric transmission owner notifies the Board of the owner's decision to construct an electric transmission line approved by a federally registered planning authority. The Board is proposing a rule to describe the process should two or more incumbent electric transmission owners seek to build the approved line. The Board's proposed rule also establishes the process by which an incumbent electric transmission owner notifies the Board of the owner's intent not to construct the approved electric transmission line. Lastly, the Board is proposing to establish the process for filing reports with the Board regarding the cost of the project consistent with Iowa Code section 478.16(4).

The Board issued an order on August 9, 2021, commencing rule making. The order is available on the Board's electronic filing system, efs.iowa.gov, under Docket No. RMU-2021-1114.

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 Chapter 11.

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 November 23, 2021. Comments should be directed to:

IT Support

Iowa Utilities Board

Phone: 515.725.7300

Email: ITSupport@iub.iowa.gov

Public Hearing

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

December 7, 2021

10 a.m. to 12 noon

Board Hearing Room

1375 East Court Avenue

Des Moines, Iowa

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.

Persons who do not wish to attend in person may attend via webinar. Information about attending the oral presentation via webinar will be provided on the Utilities Board website, iub.iowa.gov, on the Hearing and Meeting Calendar webpage.

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 action is proposed:

Adopt the following new rule 199—11.14(478):

199—11.14(478) Federally registered planning authority transmission projects.

11.14(1) Purpose. The purpose of this rule is to implement the requirements of Iowa Code section 478.16.

11.14(2) Definitions. For the administration and interpretation of this rule, the following words and terms, when used in this rule, shall have the following meanings:

"Electric transmission line" means a high-voltage electric transmission line with a capacity of 100 kilovolts or more and any associated electric transmission facility, including any substation or other equipment.

"Electric transmission owner" means an individual or entity who, as of July 1, 2020, owns and maintains an electric transmission line that is required for rate-regulated electric utilities, municipal electric utilities, and rural electric cooperatives in this state to provide electric service to the public for compensation.

"Federally registered planning authority" means any independent system operator or regional transmission organization approved by the Federal Energy Regulatory Commission.

"Incumbent electric transmission owner" means any of the following:

1.A public utility or a municipally owned utility that owns, operates, and maintains an electric transmission line in this state.

2.An electric cooperative corporation or association or municipally owned utility that owns an electric transmission facility in this state and has turned over the functional control of such facility to a federally approved authority.

3.An electric transmission owner.

11.14(3) Notification of decision of incumbent transmission owner.

a. Upon approval of an electric transmission line, in a federally registered planning authority transmission plan, which connects to a transmission facility owned by an incumbent transmission line owner, the incumbent electric transmission owner shall notify the board in writing within 90 days of its intent to construct, own, and maintain the approved electric transmission line.

b. If the incumbent electric transmission owner does not intend to construct, own, or maintain an electric transmission line approved in a federally registered planning authority transmission plan, the incumbent electric transmission owner shall notify the board in writing within 90 days of the date the federally registered planning authority approves the transmission line.

c. If an electric transmission line approved by a federally registered planning authority connects to two or more incumbent electric transmission owners' facilities, all incumbent electric transmission owners shall notify the board within 90 days of their intent to construct, own, and maintain the approved electric transmission line individually and equally.

d. In the event where two or more incumbent electric transmission owners may construct an electric transmission line approved by a federally registered planning authority but one incumbent electric transmission owner notifies the board of its intent not to construct, own, or maintain the approved electric transmission line, the other incumbent electric transmission owner or owners shall notify the board of their intent to construct the entire project within 90 days of federally registered planning authority's approval of the transmission line.

11.14(4) Effect of incumbent's decision to decline to construct. Upon receipt by the board of notice of the incumbent electric transmission owner's intent not to construct, operate, or maintain the electric transmission line approved by a federally registered planning authority, or the failure of the incumbent electric transmission owner to provide such notice, the board may issue a franchise to another person to construct the electric transmission line approved by a federally registered planning authority subject to the requirements of Iowa Code chapter 478.

11.14(5) Reports to the board.

a. Within 30 days of the issuance of a franchise, the electric transmission owner who is constructing, owning, and maintaining the electric transmission line approved by a federally registered planning authority shall file with the board the estimated cost to construct the electric transmission line.

b. Until construction of the electric transmission line approved by a federally registered planning authority is complete, the electric transmission owner who is constructing, owning, and maintaining the electric transmission line approved by a federally registered planning authority shall provide quarterly reports to the board detailing the estimated cost to construct the electric transmission line approved by a federally registered planning authority. If the estimated cost to construct the electric transmission line approved by a federally registered planning authority changes from the last report, the electric transmission owner who is constructing, owning, and maintaining the electric transmission line approved by a federally registered planning authority shall provide an explanation as to the change.

11.14(6) Compliance with board rules. Nothing in this rule shall modify or alter any requirements established in this chapter of the board's rules.

Utilities Division


This Organization is a part of the Commerce Department

Closed For Comments

This notice is now closed for comments. Collection of comments closed on 11/23/2021.

Official Document

  • Federally registered planning authority transmission projects, 11.14
  • Published on 11/3/2021
  • 56 Views , 0 Comments
  • Notice of Intended Action

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

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View the Iowa Administrative Bulletin for 11/3/2021.

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Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 199-11.14
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