§ 476.33 — Rules governing hearings

Iowa § 476.33

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

Text

1. The commission shall adopt rules pursuant to chapter 17A to provide for the

completion of proceedings under section 476.3 within ten months after the date of the
filing of a petition under section 476.3, subsection 2, and to provide for the completion of
proceedings under section 476.6 within ten months after the date of filing of the new or
changed rates, charges, schedules, or regulations under that section. These rules shall
include reasonable time limitations for the submission or completion of comments and
testimony, and exhibits, briefs, and hearings, and may provide for the granting of additional
time upon the request of a party to the proceeding for good cause shown.
2. Additional time granted to a party under subsection 1 shall not extend the amount of
timeforwhichautilityisrequiredtofileabondorotherundertakingconditioneduponrefund
under section 476.3, subsection 2.
3. If in a proceeding under section 476.6 additional time is granted to a party under
subsection 1, the commission may extend the ten-month period during which a utility is
prohibited from placing its entire rate increase request into effect under section 476.6, but
an extension shall not exceed the aggregate amount of all additional time granted under
subsection 1.
4. The commission shall adopt rules that require the commission, in rate regulatory
proceedings under sections 476.3 and 476.6, to utilize either a historic test year or a future
test year at the rate-regulated public utility’s discretion.
a. For a rate regulatory proceeding utilizing a historic test year, the rules shall require
the commission to consider the use of the most current test period possible in determining
reasonable and just rates, subject only to the availability of existing and verifiable data
respecting costs and revenues, and in addition, to consider verifiable data that exists within
nine months after the conclusion of the test year, respecting known and measurable changes
in costs not associated with a different level of revenue, and known and measurable revenues
not associated with a different level of costs, that are to occur at any time within twelve
months after the date of commencement of the proceedings. Parties proposing adjustments
that are not verifiable at the commencement of the proceedings shall include projected
data related to the adjustments in their initial substantive filing with the commission. For
purposes of this paragraph, a proceeding commences under section 476.6 upon the filing
date of new or changed rates, charges, schedules, or regulations.
b. For a rate regulatory proceeding utilizing a future test year, the rules shall require the
commission to consider the use of any twelve-month period beginning no later than the date
onwhichaproposedratechangeisexpectedtotakeeffectindeterminingjustandreasonable
rates. The rules shall also require the commission to conduct a proceeding subsequent to
the effective date of a rate resulting from a rate regulatory proceeding utilizing a future test
year to determine whether the actual costs and revenues are reasonably consistent with those
approved by the commission. If the actual costs and revenues are not reasonably consistent
with those approved by the commission, the commission shall adjust the rates accordingly.
For a rate regulatory proceeding utilizing a future test year, the commission may adopt rules
regarding evidence required, information to support forecasts, and any reporting obligations.
The commission may also adopt rules regarding the conditions under which a public utility
that utilizes a future test year may subsequently utilize a historic test year. A public utility
shall not be precluded from filing a rate regulatory proceeding utilizing a future test year
prior to the adoption of any rules pursuant to this subsection.
c. This subsection does not limit the authority of the commission to consider other
evidence in proceedings under sections 476.3 and 476.6.
[81 Acts, ch 156, §3]