§ 478.1 — Franchise

Iowa § 478.1

• Jurisdiction: Iowa
• Title XI: NATURAL RESOURCES
• Ch. 478: ELECTRIC TRANSMISSION LINES

Text

1. A person shall not construct, erect, maintain, or operate a transmission line, wire,
or cable that is capable of operating at an electric voltage of sixty-nine kilovolts or more
along, over, or across any public highway or grounds outside of cities for the transmission,
distribution, or sale of electric current without first procuring from the utilities commission
a franchise granting authority as provided in this chapter.
2. A franchise shall not be required for electric lines constructed entirely within the
boundaries of property owned by a person primarily engaged in the transmission or
distribution of electric power or entirely within the boundaries of property owned by the
end user of the electric power.
3. If the transmission line, wire, or cable is capable of operating only at an electric voltage
of less than sixty-nine kilovolts, no franchise is required. However, the utilities commission
shall retain jurisdiction over all such lines, wires, or cables.
4. A person who seeks to construct, erect, maintain, or operate a transmission line, wire,
or cable that will operate at an electric voltage of less than sixty-nine kilovolts outside of
cities and that cannot secure the necessary voluntary easements to do so may petition the
commission pursuant to section 478.3, subsection 1, for a franchise granting authority for
suchconstruction, erection, maintenance, oroperation, andfortheuseoftherightofeminent
domain.
5. Notwithstanding any other provision of this chapter, if an existing transmission
line, wire, or cable is operating at thirty-four and one-half kilovolts, it may be franchised,
rebuilt, and upgraded to be capable of operation at sixty-nine kilovolts using an abbreviated
franchise process if the upgraded line will meet required safety standards, will be on
substantially the same right-of-way, and will have substantially the same effect on the
underlying properties. The abbreviated franchise process shall not require published notice
or a public informational meeting. The commission may adopt rules defining relevant terms,
setting forth the steps of the abbreviated process, and specifying the requirements for the
petition and landowner notification. The petitioner shall provide written notice concerning
the anticipated construction to the last known address of the owners of record of the property

where construction will occur and to the parties residing on such property. The franchise
may be granted if the commission finds the upgraded line is necessary to serve a public use
and represents a reasonable relationship to an overall plan of transmitting electricity in the
public interest. The franchise shall not become effective until the petitioner has paid, or
agreed to pay, all costs and expenses of the franchise proceeding specified in section 478.4.

Legislative History

[S13, §1527-c, 2120-n; C24, 27, 31, 35, 39, §8309; C46, 50, 54, 58, 62, 66, 71, 73, 75, §489.1; C77, 79, 81, §478.1]