476.1C - APPLICABILITY OF AUTHORITY -- CERTAIN GAS UTILITIES.

        476.1C  APPLICABILITY OF AUTHORITY -- CERTAIN GAS      UTILITIES.         1.  Gas public utilities having fewer than two thousand customers      are not subject to the regulation authority of the utilities board      under this chapter unless otherwise specifically provided.  Sections      476.10, 476.20, 476.21, and 476.51 apply to such gas utilities.         Gas public utilities having fewer than two thousand customers      shall be subject to the assessment of fees for the support of the      Iowa energy center created in section 266.39C and the center for      global and regional environmental research created by the state board      of regents and shall file energy efficiency plans and energy      efficiency results with the board.  The energy efficiency plans as a      whole shall be cost-effective.  The board may waive all or part of      the energy efficiency filing requirements if the gas utility      demonstrates superior results with existing energy efficiency      efforts.         Gas public utilities having fewer than two thousand customers      shall keep books, accounts, papers and records accurately and      faithfully in the manner and form prescribed by the board.  The board      may inspect the accounts of the utility at any time.         A gas public utility having fewer than two thousand customers may      make effective a new or changed rate, charge, schedule, or regulation      after giving written notice of the proposed new or changed rate,      charge, schedule, or regulation to all affected customers served by      the public utility.  The notice shall inform the customers of their      right to petition for a review of the proposal to the utilities board      within sixty days after notice is served if the petition contains the      signatures of at least one hundred of the gas utility's customers.      The notice shall state the address of the utilities board.  The new      or changed rate, charge, schedule, or regulation takes effect sixty      days after such valid notice is served unless a petition for review      of the new or changed rate, charge, schedule, or regulation signed by      at least one hundred of the gas utility's customers is filed with the      board prior to the expiration of the sixty-day period.         If such a valid petition is filed with the board within the      sixty-day period, any new or changed rate, charge, schedule, or      regulation shall take effect, under bond or corporate undertaking,      subject to refund of all amounts collected in excess of those amounts      which would have been collected under the rates or charges finally      approved by the board.  The board shall within five months of the      date of filing make a determination of just and reasonable rates      based on a review of the proposal, applying established regulatory      principles.  The board may call upon the gas public utility and its      customers to furnish factual evidence in support of or opposition to      the new or changed rate, charge, schedule, or regulation.  If the gas      public utility disputes the finding, the utility may within twenty      days file for further review, and the board shall docket the case as      a formal proceeding under section 476.6, subsection 4, and set the      case for hearing.  The gas public utility shall submit factual      evidence and written argument in support of the filing.         A gas public utility having fewer than two thousand customers      shall not make effective a new or changed rate, charge, schedule, or      regulation which relates to services for which a rate change is      pending within twelve months following the date the petition to      review the prior proposed rate, charge, schedule, or regulation was      filed with the board or until the board has made its determination of      just and reasonable rates, whichever date is earlier, unless the      utility applies to the board for authority and receives authority to      make a subsequent rate change at an earlier date.         Gas public utilities having fewer than two thousand customers      shall not make or grant any unreasonable preferences or advantages as      to rates or services to any person or subject any person to any      unreasonable prejudice or disadvantage.  Rates charged by a gas      public utility having less than two thousand customers for      transportation of customer-owned gas shall not exceed the actual cost      of such transportation services including a fair rate of return.         2.  If, as a result of a review of a proposed new or changed rate,      charge, schedule, or regulation of a gas public utility having fewer      than two thousand customers, the consumer advocate alleges in a      filing with the board that the utility rates are excessive, the      disputed amounts shall be specified by the consumer advocate in the      filing.  The gas public utility shall, within the time prescribed by      the board, file a bond or undertaking approved by the board      conditioned upon the refund in a manner prescribed by the board of      amounts collected after the date of the filing which are in excess of      rates or charges finally determined by the board to be lawful.  If      after formal proceeding and hearing pursuant to section 476.6 the      board finds that the utility rates are unlawful, the board shall      order a refund, with interest, of amounts collected after the date of      filing of the petition that are determined to be in excess of the      amounts which would have been collected under the rates finally      approved.  However, the board shall not order a refund that is      greater than the amount specified in the petition, plus interest.  If      the board fails to render a decision within ten months following the      date of filing of the petition, the board shall not order a refund of      any excess amounts that are collected after the expiration of that      ten-month period and prior to the date the decision is rendered.  
         Section History: Recent Form
         87 Acts, ch 21, § 1; 90 Acts, ch 1252, §21; 96 Acts, ch 1196, § 6         Referred to in § 476.6