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House Journal: Page 1312: Thursday, April 6, 1995

Page 2  

 1   management shall approve the expenditure or
 2   encumbrance.  Before approval is given, the director
 3   of the department of management shall determine that
 4   the expenses exceed the funds budgeted by the general
 5   assembly to the board for rate regulation and that the
 6   board does not have other funds from which the
 7   expenses can be paid.  Upon approval of the director
 8   of the department of management the board may expend
 9   and encumber funds for the excess expenses, and
10   increase quarterly assessments to raise the additional
11   funds.  The board and the office of consumer advocate
12   may add additional personnel or contract for
13   additional assistance to review and evaluate energy
14   efficiency plans and the implementation of energy
15   efficiency programs including, but not limited to,
16   professionally trained engineers, accountants,
17   attorneys, skilled examiners and inspectors, and
18   secretaries and clerks.  The board and the office of
19   consumer advocate may also contract for additional
20   assistance in the evaluation and implementation of
21   issues relating to telecommunication competition.  The
22   board and the office of the consumer advocate may
23   expend additional sums beyond those sums appropriated.
24   However, the authority to add additional personnel or
25   contract for additional assistance must first be
26   approved by the department of management.  The
27   additional sums for energy efficiency shall be
28   provided to the board and the office of the consumer
29   advocate by the utilities subject to the energy
30   efficiency requirements in this chapter.  Telephone
31   companies shall pay any additional sums needed for
32   assistance with telecommunication competition issues.
33   The assessments shall be in addition to and separate
34   from the quarterly assessment.
35     Sec. 3.  Section 476.11, Code 1995, is amended by
36   adding the following new unnumbered paragraph:
37     NEW UNNUMBERED PARAGRAPH.  The board may resolve
38   complaints, upon notice and hearing, that a utility,
39   operating under section 476.29, has failed to provide
40   just, reasonable, and nondiscriminatory arrangements
41   for interconnection of its telecommunications services
42   with another telecommunications provider.
43     Sec. 4.  Section 476.29, subsection 2, Code 1995,
44   is amended to read as follows:
45     2.  Except as provided in subsection 12, a
46   certificate shall be issued by the board, after notice
47   and opportunity for hearing, if the board determines
48   that the service proposed to be rendered will promote
49   the public convenience and necessity, provided that an
50   applicant other than a local exchange carrier, as

Page   3

 1   defined in section 476.30A, shall not be denied a
 2   certificate if the board finds that the applicant

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