§ 476.23 — Electric service conflicts — certificates of authority

Iowa § 476.23

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 476: PUBLIC UTILITY REGULATION

Text

1. An electric utility shall not construct or extend facilities or furnish or offer to furnish
electric service to the existing point of delivery of any customer already receiving electric
servicefromanotherelectricutilitywithouthavingfirstfiledwiththecommissiontheexpress
written agreement of the electric utility presently serving this customer, except as otherwise
provided in this section. Any municipal corporation, after being authorized by a vote of the
people, or any electric utility may file a petition with the commission requesting a certificate
ofauthoritytofurnishelectricservicetotheexistingpointofdeliveryofanycustomeralready
receiving electric service from another electric utility. If, after notice by the commission to
the electric utility currently serving the customer, objection to the petition is not filed and
investigation is not deemed necessary, the commission shall issue a certificate within thirty
days of the filing of the petition. When an objection is filed, if the commission, after notice
andopportunityforhearing, determinesthatservicetothecustomerbythepetitionerisinthe
public interest, including consideration of any unnecessary duplication of facilities, it shall
grant this certificate in whole or in part, upon such terms, conditions, and restrictions as may
be justified. Whether or not an objection is filed, any certificate issued shall require that the
petitioner pay to the electric utility presently serving the customer, the reasonable price for
facilities serving the customer. This price determination by the commission shall include due
consideration of the cost of the facilities being acquired; any necessary generating capacity
and transmission capacity dedicated to the customer, including, but not limited to, electric
power generating facilities and alternate energy production facilities not yet in service but
for which the commission has issued an order pursuant to section 476.53, and electric power
generating facility emissions plan budgets approved by the commission pursuant to section
476.6, subsection 19; depreciation; loss of revenue; and the cost of facilities necessary to
reintegrate the system of the utility after detaching the portion sold.
2. An electric utility shall not construct or extend facilities or furnish electric service to
a prospective customer not presently being served, unless its existing service facilities are
nearer the proposed point of delivery than the service facilities of any other utility. However,
an electric utility may extend electric service and transmission lines if the electric utility
closest to the delivery point consents to this extension in writing and a copy of the agreement
is filed with the commission or, if the commission, after notice and opportunity for hearing
and after giving due consideration to the prevention of unnecessary duplication of facilities,
finds that service from an electric utility, other than the closest utility, is in the public interest.
This subsection shall not apply if the prospective customers are within an exclusive service
area assigned to an electric utility as provided in this subchapter.
3. Notwithstanding subsections 1 and 2 of this section, any electric utility may extend
electric service and transmission lines to its own utility property and facilities.
4. If not inconsistent with the provisions of this subchapter, all of the following apply:
a. All rights of municipal corporations under chapter 364 to grant a person a franchise
to erect, maintain, and operate plants and systems for electric light and power within the
corporate boundaries, and rights acquired by franchise or agreement shall be preserved in
these municipal corporations.
b. All rights of city utilities under the city code shall be preserved in these city utilities.

c. All rights of city utilities and joint electric utilities under chapter 390 shall be preserved
in these city utilities and joint electric utilities.
d. All rights of cities under chapter 6B are preserved. However, prior to the institution
of condemnation proceedings, the city shall obtain a certificate of authority from the
commission in accordance with this subchapter and the commission’s determination of
price under this subchapter shall be conclusive evidence of damages in these condemnation
proceedings.

Legislative History

[C66, 71, 73, 75, §490A.23, 490A.24; C77, 79, 81, §476.23]