Adopted and Filed

Competitive bidding process, rescind ch 40

Untitled document

ARC 8236C

UTILITIES COMMISSION[199]

Adopted and Filed

Rulemaking related to competitive bidding process

The Utilities Commission hereby rescinds Chapter 40, “Competitive Bidding Process,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is adopted 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 Commission is rescinding Chapter 40.

The Commission issued an order on August 27, 2024, approving the rescission of Chapter 40. The order is available on the Commission’s electronic filing system, efs.iowa.gov, under RMU-2023-0040.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on May 29, 2024, as ARC 8029C. A public hearing was held on the following date(s):

●July 16, 2024

●July 30, 2024

The Commission received oral comments from the Office of Consumer Advocate (OCA), a division of the Iowa Department of Justice, and MidAmerican Energy Company, both of which agreed with the rescission of Chapter 40.

The Commission also received a written comment from OCA in which it expressed its support for the rescission of Chapter 40.

No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Commission on August 27, 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No waiver provision is included in the amendment because the chapter is proposed to be rescinded.

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 November 6, 2024.

The following rulemaking action is adopted:

ITEM 1.Rescind and reserve 199—Chapter 40.

[Filed 9/5/24, effective 11/6/24]

[Published 10/2/24]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/2/24.

Utilities Division


This Organization is a part of the Commerce Department

Official Document

  • Competitive bidding process, rescind ch 40
  • Published on 10/2/2024
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  • Adopted and Filed

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 10/2/2024.

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