476.6 - CHANGES IN RATES, CHARGES, SCHEDULES, AND REGULATIONS -- SUPPLY AND COST REVIEW -- WATER COSTS FOR FIRE PROTECTION.

        476.6  CHANGES IN RATES, CHARGES, SCHEDULES, AND      REGULATIONS -- SUPPLY AND COST REVIEW -- WATER COSTS FOR FIRE      PROTECTION.         1.  Filing with board.  A public utility subject to rate      regulation shall not make effective a new or changed rate, charge,      schedule, or regulation until the rate, charge, schedule, or      regulation has been approved by the board, except as provided in      subsections 8 and 10.         2.  Written notice of increase.  All public utilities, except      those exempted from rate regulation by section 476.1, shall give      written notice of a proposed increase of any rate or charge to all      affected customers served by the public utility no more than      sixty-two days prior to and prior to the time the application for the      increase is filed with the board.  Public utilities exempted from      rate regulation by section 476.1 shall give written notice of a      proposed increase of any rate or charge to all affected customers      served by the public utility at least thirty days prior to the      effective date of the increase.  If the public utility is subject to      rate regulation, the notice to affected customers shall also state      that the customer has a right to file a written objection to the rate      increase and that the affected customers may request the board to      hold a public hearing to determine if the rate increase should be      allowed.  The board shall prescribe the manner and method that the      written notice to each affected customer of the public utility shall      be served.         3.  Facts and arguments submitted.  At the time a public      utility subject to rate regulation files with the board an      application for any new or changed rates, charges, schedules, or      regulations, the public utility also shall submit factual evidence      and written argument offered in support of the filing.  If the filing      is an application for a general rate increase, the utility shall also      file affidavits containing testimonial evidence to be offered in      support of the filing, although this requirement does not apply if      the public utility is a rural electric cooperative.         4.  Hearing set.  After the filing of an application for new      or changed rates, charges, schedules, or regulations by a public      utility subject to rate regulation, the board, prior to the      expiration of thirty days after the filing date, shall docket the      case as a formal proceeding and set the case for hearing unless the      new or changed rates, charges, schedules, or regulations are approved      by the board.  However, if an application presents no material issue      of fact subject to dispute, and the board determines that the      application violates a relevant statute, or is not in substantial      compliance with a board rule lawfully adopted pursuant to chapter      17A, the application may be rejected by the board without prejudice      and without a hearing, provided that the board issues a written order      setting forth all of its reasons for rejecting the application.  In      the case of a gas public utility having less than two thousand      customers, the board shall docket a case as a formal proceeding and      set the case for hearing as provided in section 476.1C.  In the case      of a rural electric cooperative, the board may docket the case as a      formal proceeding and set the case for hearing prior to the proposed      effective date of the tariff.  The board shall give notice of formal      proceedings as it deems appropriate.  The docketing of a case as a      formal proceeding suspends the effective date of the new or changed      rates, charges, schedules, or regulations until the rates, charges,      schedules, or regulations are approved by the board, except as      provided in subsection 10.         5.  Utility hearing expenses reported.  When a case has been      docketed as a formal proceeding under subsection 4, the public      utility, within a reasonable time thereafter, shall file with the      board a report outlining the utility's expected expenses for      litigating the case through the time period allowed by the board in      rendering a decision.  At the conclusion of the utility's      presentation of comments, testimony, exhibits, or briefs the utility      shall submit to the board a listing of the utility's actual      litigation expenses in the proceeding.  As part of the findings of      the board under subsection 6, the board shall allow recovery of costs      of the litigation expenses over a reasonable period of time to the      extent the board deems the expenses reasonable and just.         6.  Finding by board.  If, after hearing and decision on all      issues presented for determination in the rate proceeding, the board      finds the proposed rates, charges, schedules, or regulations of the      utility to be unlawful, the board shall by order authorize and direct      the utility to file new or changed rates, charges, schedules, or      regulations which, when approved by the board and placed in effect,      will satisfy the requirements of this chapter.  The rates, charges,      schedules, or regulations so approved are lawful and effective upon      their approval.         7.  Limitation on filings.  A public utility shall not make a      subsequent filing of an application for a new or changed rate,      charge, schedule, or regulation which relates to services for which a      rate filing is pending within twelve months following the date the      prior application was filed or until the board has issued a final      order on the prior application, whichever date is earlier, unless the      public utility applies to the board for authority and receives      authority to make a subsequent filing at an earlier date.         8.  Automatic adjustments permitted.  This chapter does not      prohibit a public utility from making provision for the automatic      adjustment of rates and charges for public utility service provided      that a schedule showing the automatic adjustment of rates and charges      is first filed with the board.         9.  Rate levels for telephone utilities.  The board may      approve a schedule of rate levels for any regulated service provided      by a utility providing communication services.         10.  Temporary authority.         a.  Upon the request of a public utility, the board shall,      when required by this subsection, grant the public utility temporary      authority to place in effect any or all of the suspended rates,      charges, schedules, or regulations by filing with the board a bond or      other undertaking approved by the board conditioned upon the refund      in a manner to be prescribed by the board of any amounts collected in      excess of the amounts which would have been collected under rates,      charges, schedules, or regulations finally approved by the board.  In      determining that portion of the new or changed rates, charges,      schedules, or regulations to be placed in effect prior to a final      decision, the board shall apply previously established regulatory      principles and shall, at a minimum, permit rates and charges which      will allow the utility the opportunity to earn a return on common      stock equity equal to that which the board held reasonable and just      in the most recent rate case involving the same utility or the same      type of utility service, provided that if the most recent final      decision of the board in an applicable rate case was rendered more      than twelve months prior to the date of filing of the request for      temporary rates, the board shall in addition consider financial      market data that is filed or that is otherwise available to the board      and shall adjust the rate of return on common stock equity that was      approved in that decision upward or downward as necessary to reflect      current conditions.  The board shall render a decision on a request      for temporary authority within ninety days after the date of filing      of the request.  The decision shall be effective immediately.  If the      board has not rendered a final decision with respect to suspended      rates, charges, schedules or regulations upon the expiration of ten      months after the filing date, plus the length of any delay that      necessarily results either from the failure of the public utility to      exercise due diligence in connection with the proceedings or from      intervening judicial proceedings, plus the length of any extension      permitted by section 476.33, subsection 3, then those portions that      were approved by the board on a temporary basis shall be deemed      finally approved by the board and the utility may place them into      effect on a permanent basis, and the utility also may place into      effect subject to refund and until the final decision of the board      any portion of the suspended rates, charges, schedules, or      regulations not previously approved on a temporary basis by filing      with the board a bond or other undertaking approved by the board.         b.  A public utility may choose to place in effect temporary      rates, charges, schedules, or regulations without board review ten      days after the filing under this section.  If the utility chooses to      place such rates, charges, schedules, or regulations in effect      without board review, the utility shall file with the board a bond or      other corporate undertaking approved by the board conditioned upon      the refund in a manner prescribed by the board of amounts collected      in excess of the amounts which would have been collected under rates,      charges, schedules, or regulations finally approved by the board.  At      the conclusion of the proceeding if the board determines that the      temporary rates, charges, schedules, or regulations placed in effect      under this paragraph were not based on previously established      regulatory principles, the board shall consider ordering refunds      based upon the overpayments made by each individual customer class,      rate zone, or customer group.         c.  If the board finds that an extension of the ten-month      period is necessary to permit the accumulation of necessary data with      respect to the operation of a newly constructed electric generating      facility that has a capacity of one hundred megawatts or more of      electricity and that is proposed to be included in the rate base for      the first time, the board may extend the ten-month period up to a      maximum extension of six months, but only with respect to that      portion of the suspended rates, charges, schedules, or regulations      that are necessarily connected with the inclusion of the generating      facility in the rate base.  If a utility is proposing to include in      its rate base for the first time a newly constructed electric      generating facility that has a capacity of one hundred megawatts or      more of electricity, the filing date of new or changed rates,      charges, schedules, or regulations shall, for purposes of computing      the time limitations stated above, be the date as determined by the      board that the new plant went into service, but only with respect to      that portion of the suspended rates, charges, schedules, or      regulations that are necessarily connected with the inclusion of the      generating facility in the rate base.         d.  The board shall determine the rate of interest to be paid      by a public utility to persons receiving refunds.  The interest rate      to be applied to refunds of moneys collected subject to refund under      this subsection is two percent per annum plus the average quarterly      interest rate at commercial banks for twenty-four-month loans for      personal expenditures, as determined by the board, compounded      annually.  The board shall consider federal reserve statistical      release G.19 or its equivalent when determining interest to be paid      under this subsection.         11.  Refunds passed on to customers.  If pursuant to federal      law or rule a rate-regulated public utility furnishing gas to      customers in the state receives a refund or credit for past gas      purchases, the savings shall be passed on to the customers in a      manner approved by the board.  Similarly, if pursuant to federal law      or rule a rate-regulated public utility furnishing gas to customers      in the state receives a rate for future gas purchases which is lower      than the price included in the public utility's approved rate      application, the savings shall be passed on to the customers in a      manner approved by the board.         12.  Natural gas supply and cost review.         a.  The board shall periodically conduct a proceeding for the      purpose of evaluating the reasonableness and prudence of a      rate-regulated public utility's natural gas procurement and      contracting practices.  The natural gas supply and cost review shall      be conducted as a contested case pursuant to chapter 17A.         b.  Under procedures established by the board, each      rate-regulated public utility furnishing gas shall periodically file      a complete natural gas procurement plan describing the expected      sources and volumes of its gas supply and changes in the cost of gas      anticipated over a future twelve-month period specified by the board.      The utilities shall file information as the board deems appropriate.         c.  During the natural gas supply and cost review, the board      shall evaluate the reasonableness and prudence of the gas procurement      plan.  If a utility is not taking all reasonable actions to minimize      its purchase gas costs, consistent with assuring an adequate      long-term supply of natural gas, the board shall not allow the      utility to recover from its customers purchase gas costs in excess of      those costs that would be incurred under reasonable and prudent      policies and practices.         13.  Electric energy supply and cost review.  The board shall      periodically conduct a proceeding for the purpose of evaluating the      reasonableness and prudence of a rate-regulated public utility's      procurement and contracting practices related to the acquisition of      fuel for use in generating electricity.  The evaluation may review      the reasonableness and prudence of actions taken by a rate-regulated      public utility to comply with the federal Clean Air Act Amendments of      1990, Pub. L. No. 101-549.  The proceeding shall be conducted as a      contested case pursuant to chapter 17A.  Under procedures established      by the board, the utility shall file information as the board deems      appropriate.  If a utility is not taking all reasonable actions to      minimize its fuel and allowance transaction costs, the board shall      not allow the utility to recover from its customers fuel and      allowance transaction costs in excess of those costs that would be or      would have been incurred under reasonable and prudent policies and      practices.         14.  Energy efficiency plans.  Electric and gas public      utilities shall offer energy efficiency programs to their customers      through energy efficiency plans.  An energy efficiency plan as a      whole shall be cost-effective.  In determining the cost-effectiveness      of an energy efficiency plan, the board shall apply the societal      test, utility cost test, rate-payer impact test, and participant      test.  Energy efficiency programs for qualified low-income persons      and for tree planting programs, educational programs, and assessments      of consumers' needs for information to make effective choices      regarding energy use and energy efficiency need not be cost-effective      and shall not be considered in determining cost-effectiveness of      plans as a whole.  The energy efficiency programs in the plans may be      provided by the utility or by a contractor or agent of the utility.      Programs offered pursuant to this subsection by gas and electric      utilities that are required to be rate-regulated shall require board      approval.         15.  Water costs for fire protection in certain cities.         a.  Application.  A city furnished water by a public utility      subject to rate regulation may apply to the board for inclusion of      all or a part of the costs of fire hydrants or other improvements,      maintenance, and operations for the purpose of providing adequate      water production, storage, and distribution for public fire      protection in the rates or charges assessed to consumers covered by      the applicant's fire protection service.  The application shall be      made in a form and manner approved by or as directed by the board.      The applicant shall provide such additional information as the board      may require to consider the application.         b.  Review.  The board shall review the application, and may      in its discretion consider additional evidence, beyond that supplied      in the application or provided by the applicant in response to a      request for additional information pursuant to paragraph "a",      including, but not limited to, soliciting oral or written testimony      from other interested parties.         c.  Notice.  Written notice of a proposed rate increase shall      be provided by the public utility pursuant to subsection 2, except      that notice shall be provided within ninety days of the date of      application.  Costs of the notice shall be paid for by the applicant.         d.  Conditions for approval.  As a condition to approving an      application to include water-related fire protection costs in the      utility's rates or charges, the board shall make an affirmative      determination that the following conditions will be met:         (1)  That the service area currently charged for fire protection,      either directly or indirectly, is substantially the same service area      containing those persons who will pay for water-related fire      protection through inclusion of such costs within the utility's rates      or charges.         (2)  That the inclusion of such costs within the utility's rates      or charges will not cause substantial inequities among the utility's      customers.         (3)  That all or a portion of the costs sought to be included in      the utility's rates or charges by the applicant are reasonable in the      circumstances, and limited to the purposes specified in paragraph      "a".         (4)  That written notice has been provided pursuant to paragraph      "c" and that the costs of the notice have been paid by the      applicant.         e.  Inclusion within rates or charges.  If the board      affirmatively determines that the conditions of paragraph "d" are      or will be satisfied, the board shall include the reasonable costs in      the rates or charges assessed to consumers covered by the applicant's      fire protection service.         f.  Written order.  The board shall issue a written order      within six months of the date of application.  The written order      shall include a recitation of the facts found pursuant to      consideration of the application.         16.  Energy efficiency implementation, cost review, and cost      recovery.         a.  Gas and electric utilities required to be rate-regulated      under this chapter shall file energy efficiency plans with the board.      An energy efficiency plan and budget shall include a range of      programs, tailored to the needs of all customer classes, including      residential, commercial, and industrial customers, for energy      efficiency opportunities.  The plans shall include programs for      qualified low-income persons including a cooperative program with any      community action agency within the utility's service area to      implement countywide or communitywide energy efficiency programs for      qualified low-income persons.  Rate-regulated gas and electric      utilities shall utilize Iowa agencies and Iowa contractors to the      maximum extent cost-effective in their energy efficiency plans filed      with the board.         b.  A gas and electric utility required to be rate-regulated      under this chapter shall assess potential energy and capacity savings      available from actual and projected customer usage by applying      commercially available technology and improved operating practices to      energy-using equipment and buildings.  The utility shall submit the      assessment to the board.  Upon receipt of the assessment, the board      shall consult with the office of energy independence to develop      specific capacity and energy savings performance standards for each      utility.  The utility shall submit an energy efficiency plan which      shall include economically achievable programs designed to attain      these energy and capacity performance standards.  The board shall      periodically report the energy efficiency results including energy      savings of each utility to the general assembly.         c. (1)  Gas and electric utilities that are not required to be      rate-regulated under this chapter shall assess maximum potential      energy and capacity savings available from actual and projected      customer usage through cost-effective energy efficiency measures and      programs, taking into consideration the utility service area's      historic energy load, projected demand, customer base, and other      relevant factors.  Each utility shall establish an energy efficiency      goal based upon this assessment of potential and shall establish      cost-effective energy efficiency programs designed to meet the energy      efficiency goal.  Separate goals may be established for various      customer groupings.         (2)  Energy efficiency programs shall include efficiency      improvements to a utility infrastructure and system and activities      conducted by a utility intended to enable or encourage customers to      increase the amount of heat, light, cooling, motive power, or other      forms of work performed per unit of energy used.  In the case of a      municipal utility, for purposes of this paragraph, other utilities      and departments of the municipal utility shall be considered      customers to the same extent that such utilities and departments      would be considered customers if served by an electric or gas utility      that is not a municipal utility.  Energy efficiency programs include      activities which lessen the amount of heating, cooling, or other      forms of work which must be performed, including but not limited to      energy studies or audits, general information, financial assistance,      direct rebates to customers or vendors of energy-efficient products,      research projects, direct installation by the utility of      energy-efficient equipment, direct and indirect load control,      time-of-use rates, tree planting programs, educational programs, and      hot water insulation distribution programs.         (3)  Each utility shall commence the process of determining its      cost-effective energy efficiency goal on or before July 1, 2008,      shall provide a progress report to the board on or before January 1,      2009, and complete the process and submit a final report to the board      on or before January 1, 2010.  The report shall include the utility's      cost-effective energy efficiency goal, and for each measure utilized      by the utility in meeting the goal, the measure's description,      projected costs, and the analysis of its cost-effectiveness.  Each      utility or group of utilities shall evaluate cost-effectiveness using      the cost-effectiveness tests in accordance with subsection 14 of this      section.  Individual utilities or groups of utilities may collaborate      in conducting the studies required hereunder and may file a joint      report or reports with the board.  However, the board may require      individual information from any utility, even if it participates in a      joint report.         (4)  On January 1 of each even-numbered year, commencing January      1, 2012, gas and electric utilities that are not required to be      rate-regulated shall file a report with the board identifying their      progress in meeting the energy efficiency goal and any updates or      amendments to their energy efficiency plans and goals.  Filings made      pursuant to this paragraph "c" shall be deemed to meet the filing      requirements of section 476.1A, subsection 1, paragraph "g", and      section 476.1B, subsection 1, paragraph "l".         d. (1)  The board shall evaluate the reports required to be      filed pursuant to paragraph "b" by gas and electric utilities      required to be rate-regulated, and shall submit a report summarizing      the evaluation to the general assembly on or before January 1, 2009.         (2)  The board shall evaluate the reports required to be filed      pursuant to paragraph "c" by gas and electric utilities that are      not required to be rate-regulated, and shall submit a report      summarizing the evaluation to the general assembly on or before      January 1, 2011.         (3)  The reports submitted by the board to the general assembly      pursuant to this paragraph "d" shall include the goals      established by each of the utilities.  The reports shall also include      the projected costs of achieving the goals, potential rate impacts,      and a description of the programs offered and proposed by each      utility or group of utilities, and may take into account differences      in system characteristics, including but not limited to sales to      various customer classes, age of facilities of new large customers,      and heating fuel type.  The reports may contain recommendations      concerning the achievability of certain intermediate and long-term      energy efficiency goals based upon the results of the assessments      submitted by the utilities.         e.  The board shall conduct contested case proceedings for      review of energy efficiency plans and budgets filed by gas and      electric utilities required to be rate-regulated under this chapter.      The board may approve, reject, or modify the plans and budgets.      Notwithstanding the provisions of section 17A.19, subsection 5, in an      application for judicial review of the board's decision concerning a      utility's energy efficiency plan or budget, the reviewing court shall      not order a stay.  Whenever a request to modify an approved plan or      budget is filed subsequently by the office of consumer advocate or a      gas or electric utility required to be rate-regulated under this      chapter, the board shall promptly initiate a formal proceeding if the      board determines that any reasonable ground exists for investigating      the request.  The formal proceeding may be initiated at any time by      the board on its own motion.  Implementation of board-approved plans      or budgets shall be considered continuous in nature and shall be      subject to investigation at any time by the board or the office of      the consumer advocate.         f.  Notice to customers of a contested case proceeding for      review of energy efficiency plans and budgets shall be in a manner      prescribed by the board.         g.  A gas or electric utility required to be rate-regulated      under this chapter may recover, through an automatic adjustment      mechanism filed pursuant to subsection 8, over a period not to exceed      the term of the plan, the costs of an energy efficiency plan approved      by the board, including amounts for a plan approved prior to July 1,      1996, in a contested case proceeding conducted pursuant to paragraph      "e".  The board shall periodically conduct a contested case      proceeding to evaluate the reasonableness and prudence of the      utility's implementation of an approved energy efficiency plan and      budget.  If a utility is not taking all reasonable actions to      cost-effectively implement an approved energy efficiency plan, the      board shall not allow the utility to recover from customers costs in      excess of those costs that would be incurred under reasonable and      prudent implementation and shall not allow the utility to recover      future costs at a level other than what the board determines to be      reasonable and prudent.  If the result of a contested case proceeding      is a judgment against a utility, that utility's future level of cost      recovery shall be reduced by the amount by which the programs were      found to be imprudently conducted.  The utility shall not represent      energy efficiency in customer billings as a separate cost or expense      unless the board otherwise approves.         h.  A rate-regulated utility required to submit an energy      efficiency plan under this subsection shall, upon the request of a      state agency or political subdivision to which it provides service,      provide advice and assistance regarding measures which the state      agency or political subdivision might take in achieving improved      energy efficiency results.  The cooperation shall include assistance      in accessing financial assistance for energy efficiency measures.         17.  Filing of forecasts.  The board shall periodically      require each rate-regulated gas or electric public utility to file a      forecast of future gas requirements or electric generating needs and      the board shall evaluate the forecast.  The forecast shall include      but is not limited to a forecast of the requirements of its      customers, its anticipated sources of supply, and its anticipated      means of addressing the forecasted gas requirements or electric      generating needs.         18.  Energy efficiency program financing.  The board may      require each rate-regulated gas or electric public utility to offer      qualified customers the opportunity to enter into an agreement for      the amount of moneys reasonably necessary to finance cost-effective      energy efficiency improvements to the qualified customers'      residential dwellings or businesses.         19.  Allocation of replacement tax costs.         a.  The costs of the replacement tax imposed pursuant to      chapter 437A shall be reflected in the charges of utilities subject      to rate regulation, in lieu of the utilities' costs of property      taxes.  The imposition of the replacement taxes pursuant to chapter      437A is not intended to initiate any change in the rates and charges      for the sale of electricity, the sale of natural gas, or the      transportation of natural gas that is subject to regulation by the      board and in effect on January 1, 1999.         b.  The cost of the replacement taxes imposed by chapter 437A      shall be allocated among and within customer classes in a manner that      will replicate the tax cost burden of the current property tax on      individual customers to the maximum extent practicable.         c.  Upon the restructuring of the electric industry in this      state so that individual consumers are given the right to choose      their electric suppliers, replacement tax costs shall be assigned to      the service corresponding to the individual generation, transmission,      and delivery taxes.  In all other respects, the allocation of the      replacement tax costs among and within the customer classes shall      remain the same to the maximum extent practicable.         d.  Notwithstanding this subsection, the board may determine      the amount of replacement tax properly included in retail rates      subject to its jurisdiction.  The board may determine whether the      base rates or some other form of rate is most appropriate for      recovery of the costs of the replacement tax, subject to the      requirement that utility rates be reasonable and just.  The board may      also determine the appropriate allocation of the tax.  Any      significant modification to rate design relating to the replacement      tax shall be made in a manner consistent with this subsection unless      made in a contested case proceeding where the impact of such      modification on competition and consumer costs is considered.         20.  Recovery of management costs.  A public utility which is      assessed management costs by a local government pursuant to chapter      480A is entitled to recover those costs.  If the public utility      serves customers within the boundaries of the local government      imposing the management costs, such costs shall be recovered      exclusively from those customers.         21.  Electric power generating facility emissions.         a.  It is the intent of the general assembly that the state,      through a collaborative effort involving state agencies and affected      generation owners, provide for compatible statewide environmental and      electric energy policies with respect to regulated emissions from      rate-regulated electric power generating facilities in the state that      are fueled by coal.  Each rate-regulated public utility that is an      owner of one or more electric power generating facilities fueled by      coal and located in this state on July 1, 2001, shall develop a      multiyear plan and budget for managing regulated emissions from its      facilities in a cost-effective manner.         (1)  The initial multiyear plan and budget shall be filed with the      board by April 1, 2002.  Updates to the plan and budget shall be      filed at least every twenty-four months.         (2)  Copies of the initial plan and budget, as well as any      subsequent updates, shall be served on the department of natural      resources.         (3)  The initial multiyear plan and budget and any subsequent      updates shall be considered in a contested case proceeding pursuant      to chapter 17A.  The department of natural resources and the consumer      advocate shall participate as parties to the proceeding.         (4)  The department of natural resources shall state whether the      plan or update meets applicable state environmental requirements for      regulated emissions.  If the plan does not meet these requirements,      the department shall recommend amendments that outline actions      necessary to bring the plan or update into compliance with the      environmental requirements.         b.  The board shall not approve a plan or update that does not      meet applicable state environmental requirements and federal ambient      air quality standards for regulated emissions from electric power      generating facilities located in the state.         c.  The board shall review the plan or update and the      associated budget, and shall approve the plan or update and the      associated budget if the plan or update and the associated budget are      reasonably expected to achieve cost-effective compliance with      applicable state environmental requirements and federal ambient air      quality standards.  In reaching its decision, the board shall      consider whether the plan or update and the associated budget      reasonably balance costs, environmental requirements, economic      development potential, and the reliability of the electric generation      and transmission system.         d.  The board shall issue an order approving or rejecting a      plan, update, or budget within one hundred eighty days after the      public utility's filing is deemed complete; however, upon good cause      shown, the board may extend the time for issuing the order as      follows:         (1)  The board may grant an extension of thirty days.         (2)  The board may grant more than one extension, but each      extension must rely upon a separate showing of good cause.         (3)  A subsequent extension must not be granted any earlier than      five days prior to the expiration of the original      one-hundred-eighty-day period, or the current extension.         e.  The reasonable costs incurred by a rate-regulated public      utility in preparing and filing the plan, update, or budget and in      participating in the proceedings before the board and the reasonable      costs associated with implementing the plan, update, or budget shall      be included in its regulated retail rates.         f.  It is the intent of the general assembly that the board,      in an environmental plan, update, or associated budget filed under      this section by a rate-regulated public utility, may limit      investments or expenditures that are proposed to be undertaken prior      to the time that the environmental benefit to be produced by the      investment or expenditure would be required by state or federal law.      
         Section History: Early Form
         [C66, 71, 73, 75, § 490A.6; C77, 79, 81, § 476.6; 81 Acts, ch 156,      § 6, 9, ch 157, § 1--3; 82 Acts, ch 1100, § 23] 
         Section History: Recent Form
         83 Acts, ch 127, § 19--26, 51; 84 Acts, ch 1023, § 1; 87 Acts, ch      21, § 2; 89 Acts, ch 58, § 1; 89 Acts, ch 148, § 1; 89 Acts, ch 321,      § 29; 90 Acts, ch 1103, §1; 90 Acts, ch 1252, §23--27; 91 Acts, ch      253, § 22; 93 Acts, ch 68, §1; 96 Acts, ch 1196, § 8, 9; 98 Acts, ch      1013, §1; 98 Acts, ch 1148, §2, 9; 98 Acts, ch 1194, §37, 40; 2001      Acts, 1st Ex, ch 4, §10, 36; 2002 Acts, ch 1162, §70, 71; 2003 Acts,      ch 126, §2, 3; 2003 Acts, ch 145, §286; 2004 Acts, ch 1006, §1; 2006      Acts, ch 1030, §51; 2007 Acts, ch 168, §16, 18; 2008 Acts, ch 1133,      §4, 5, 9; 2009 Acts, ch 108, §38, 41; 2009 Acts, ch 133, §158         Referred to in § 34A.7, 476.1C, 476.2, 476.4A, 476.10, 476.10A,      476.23, 476.33, 476.46, 476.52, 476.53, 476.97