ARC 7636C

ARC 7636C

UTILITIES DIVISION[199]

Adopted and Filed

Rulemaking related to interstate natural gas pipelines

The Utilities Board hereby rescinds Chapter 12, "Interstate Natural Gas Pipelines and Underground Storage," Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code section 476.2 and chapter 479A.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapter 479A.

Purpose and Summary

Chapter 12 was intended to publish state and federal authorizations in regard to interstate natural gas pipelines in the Iowa Administrative Code. The Board is rescinding Chapter 12 because its provisions are duplicative of language contained in Iowa Code chapter 479A. Consequently, the intended benefits of Chapter 12 can be achieved through the provisions of Iowa Code chapter 479A alone.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on November 15, 2023, as ARC 7110C. Public hearings were held on December 5, 2023, at 10:30 a.m.and December 12, 2023, at 9 a.m.in the Board Hearing Room, 1375 East Court Avenue, Des Moines, Iowa.

The public hearings were attended by the Office of Consumer Advocate (OCA), a division of the Iowa Department of Justice; Interstate Power and Light Company; and Black Hills/Iowa Gas Utility Company, LLC, d/b/a Black Hills Energy ("Black Hills Energy"). All oral comments received were in support of the proposed rescission of Chapter 12. The Board received written comments from OCA and Black Hills Energy, and each expressed its support for the rescission of Chapter 12.

No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Board on January 10, 2024.

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

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

Waivers

No waiver provision is included in the 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.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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).

Effective Date

This rulemaking will become effective on March 27, 2024.

The following rulemaking action is adopted:

Item 1. Rescind and reserve 199—Chapter 12.

[Filed 1/25/24, effective 3/27/24]

[Published 2/21/24]

Editor's Note: For replacement pages for IAC, see IAC Supplement 2/21/24.