Iowa Admin. Code r. 199-11.10
Current through Regsiter Vol. 46, No. 26, June 12, 2024
(1)Notice of eminent domain proceedings. If a petition for a franchise or amendment of franchise seeks the right of eminent domain, the electric company shall, in addition to publishing a notice of hearing, serve the written notice required by Iowa Code section 478.6(2) on the landowners and any affected person for all parcels over which eminent domain is sought. The eminent domain notice shall be filed with the board for approval. Service shall be by certified U.S. mail, return receipt requested, and addressed to the person's last-known address. This notice shall be mailed no later than the first day of publication of the official notice of hearing concerning the petition.a. The notice of eminent domain proceedings shall include the following: (1) A copy of the Exhibit E filed with the board for the affected property.(2) The proposed route of the electric transmission line.(3) The eminent domain rights being sought over the property.(4) The date, time and location of the hearing and a description of the hearing procedures. The description of the hearing procedures shall include the website address for the board's electronic filing system and contact information of the board's customer service section.(5) The statement of individual rights required pursuant to Iowa Code section 6B.2A(1).b. Not less than five days prior to the date of hearing, the electric company shall file with the board the return receipt for the certified notice.(2)Notice offranchised line construction.a. Within 90 days after completion of a transmission line construction or reconstruction project authorized by a franchise or amendment to franchise, the holder of the franchise shall notify the board in writing of the completion. The notice shall include the franchise and docket numbers and the date the franchise was issued.b. If the project is not completed within two years after the date of issuance of the franchise or amendment to franchise, the electric company shall file a progress report regarding construction of the transmission line.c. If construction of the transmission line authorized by a franchise has not commenced within two years of the date the franchise is granted, or within two years after final disposition of judicial review of a franchise order or of condemnation proceedings, the franchise shall be forfeited unless the electric company petitions the board for an extension of time to commence construction. The board may grant the extension if good cause is shown for the failure to commence construction.(3)Notice of transfer or assignment of franchise. The holder of a franchise shall notify the board in writing, when transferring any franchise or portion of a franchise, stating the applicable franchise number and docket number which are affected and a description of the route of the transmission line when less than the total franchised line is affected, together with the name of the transferee and date of transfer, not more than 30 days after the effective date of the transfer.(4)Notice of construction not requiring an amendment to a franchise. Whenever a transmission line under franchise is relocated or is reconstructed with different materials or specifications than those that appear on the most recent Exhibit C, or taps to a new substation or switching station are constructed along and connected to the franchised line in a manner that does not require an amendment to a franchise, the holder of the franchise shall notify the board in writing of the construction, stating the franchise and docket numbers and date of franchise issuance for the affected transmission line, and providing revised Exhibits A, B, and C, as applicable, that reflect the changes in the route, not more than 30 days after the completion of the construction.(5)Notice of transmission line reconstruction not requiring an amendment to franchise. Rescinded IAB 5/17/23, effective 6/21/23.Iowa Admin. Code r. 199-11.10
Adopted by IAB July 29, 2020/Volume XLIII, Number 3, effective 9/2/2020Amended by IAB May 17, 2023/Volume XLV, Number 23, effective 6/21/2023