ARC 8029C

ARC 8029C

UTILITIES DIVISION[199]

Notice of Intended Action

Proposing rulemaking related to competitive bidding process

and providing an opportunity for public comment

The Utilities Board hereby proposes to rescind Chapter 40, "Competitive Bidding Process," Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 476.2.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code sections 476.1 and 476.53.

Purpose and Summary

The purpose of Chapter 40 is to establish minimum requirements for any rate-regulated electric utility engaging in the bidding process used to purchase supply. No rate-regulated electric utilities have opted to utilize the processes afforded them by Chapter 40, so the Board is proposing to rescind Chapter 40.

The Board issued an order on April 25, 2024, commencing this rulemaking. The order is available on the Board's electronic filing system, efs.iowa.gov, under RMU-2023-0040.

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No waiver provision is included in the proposed amendment because the chapter is proposed to be rescinded.

Public Comment

Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Board no later than 4:30 p.m.on June 18, 2024. Comments should be directed to:

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing 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 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).

The following rulemaking action is proposed:

Item 1. Rescind and reserve 199—Chapter 40 .