Text: H05393 Text: H05395 Text: H05300 - H05399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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1 1 Amend House File 2447 as follows:
1 2 #1. Page 1, by inserting before line 1 the
1 3 following:
1 4 "Section 1. Section 422.51, Code 1995, is amended
1 5 by adding the following new subsection:
1 6 NEW SUBSECTION. 5. The taxes remitted by a
1 7 utility pursuant to this division shall be reduced by
1 8 an intervenor compensation tax credit. A utility
1 9 which has been ordered to pay another party's
1 10 intervention costs pursuant to section 476.10B shall
1 11 be eligible for the credit for the amount of the
1 12 ordered payment."
1 13 #2. Page 5, by inserting after line 31 the
1 14 following:
1 15 "Sec. ___. NEW SECTION. 476.10B INTERVENOR
1 16 COMPENSATION.
1 17 1. The board shall order a utility to pay a
1 18 party's intervention costs, not to exceed forty
1 19 thousand dollars, in any administrative proceeding or
1 20 proceeding conducted by the board under this chapter
1 21 which relates to gas or electric utilities. The cost
1 22 to a utility for intervenor compensation shall not be
1 23 included in the utility's rates or charges to
1 24 customers. Compensation shall be awarded for
1 25 reasonable costs, including attorney's fees, expert
1 26 witness fees, and transcripts, if the board determines
1 27 that all of the following apply:
1 28 a. The intervenor is a customer or represents
1 29 customers of the utility that is the subject of the
1 30 proceeding, or has substantial interests that may be
1 31 affected by the outcome of the proceeding.
1 32 b. The intervenor represents an interest material
1 33 to the proceeding that is not adequately represented
1 34 by other parties to the proceeding.
1 35 c. The intervenor cannot without undue financial
1 36 hardship afford to pay the costs of participation or
1 37 in the case of a group or organization, the intervenor
1 38 advocates a position which, if adopted by the board,
1 39 would not selectively confer economic benefits on
1 40 individual members of the organization.
1 41 2. a. An intervenor shall file an application for
1 42 compensation with the board within fourteen days after
1 43 a notice of hearing is issued or on the same date
1 44 initial comments are due in an uncontested case. The
1 45 application shall include a clear statement of the
1 46 interest represented by the intervenor, an itemized
1 47 estimation of the costs of the intervention, and
1 48 financial statements and other information necessary
1 49 to establish undue financial hardship.
1 50 b. Comments or objections to the application shall
2 1 be filed with the board within ten days of the filing
2 2 of the application, unless the board extends the time
2 3 period for filing upon a finding of a reasonable
2 4 justification for the delay.
2 5 c. Within thirty days of the receipt of the
2 6 application for compensation, the board shall decide
2 7 whether and in what amount compensation shall be
2 8 authorized. The board may authorize the disbursement
2 9 of partial payments, as an intervenor's work
2 10 progresses, upon a showing by the intervenor that the
2 11 payments are essential for effective participation in
2 12 the proceeding.
2 13 d. The commission may authorize supplemental
2 14 compensation in excess of the amount initially
2 15 authorized if, for legitimate reasons, the costs of
2 16 participation were underestimated or if additional
2 17 funds would substantially improve the ability of the
2 18 intervenor to contribute to the proceeding.
2 19 3. The intervenor shall file a claim for payment,
2 20 within thirty days of issuance of a final decision in
2 21 the proceeding for which compensation was authorized
2 22 under this section. For the purposes of this section,
2 23 "final determination" means the initial decision by
2 24 the board but does not mean any order which may be
2 25 entered by the board in response to a petition for
2 26 rehearing or other relief. The claim shall include
2 27 full documentation of fees and expenses, including the
2 28 costs of studies, engineering reports, tests, or
2 29 projects related to the proceeding. Documentation
2 30 shall also include an affidavit from each attorney,
2 31 agent, or expert witness that represented or appeared
2 32 on behalf of the intervenor that states the specific
2 33 services rendered, the actual time spent for each
2 34 service, and the rate at which fees were computed for
2 35 providing each service.
2 36 4. a. The board shall review each claim for
2 37 payment, along with any other relevant material
2 38 submitted. The board shall order payment of
2 39 compensation within thirty days of the receipt of the
2 40 claim, less any partial payments.
2 41 b. Payment may be denied for unauthorized
2 42 expenses, upon a finding that the applicant failed to
2 43 adequately represent the interest for which the
2 44 application for compensation was approved, or for
2 45 expenses related to testimony that is excluded from
2 46 the record on the basis of a ruling by an
2 47 administrative law judge or the board. An intervenor
2 48 shall reimburse a public utility for any partial
2 49 payments received that the board determines were not
2 50 compensable under this section."
3 1 #3. Title page, line 2, by inserting after the
3 2 word "mandates" the following: "and intervenor
3 3 compensation and tax credits".
3 4 #4. By renumbering as necessary.
3 5
3 6
3 7
3 8 WITT of Black Hawk
3 9 HF 2447.201 76
3 10 js/jj
Text: H05393 Text: H05395 Text: H05300 - H05399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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