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House Amendment 8181

Amendment Text

PAG LIN
  1  1    Amend House File 2562 as follows:
  1  2    #1.  Page 23, by inserting after line 6 the
  1  3 following:
  1  4    "   .  It is the intent of the general assembly
  1  5 that information filed with the board regarding a
  1  6 public utility's purchases of power in an open market
  1  7 should be a matter of public record in order for the
  1  8 public to be able to assess the fairness of each
  1  9 transaction and to take appropriate action in regard
  1 10 to utility rate making and related issues of public
  1 11 concern.  Therefore, notwithstanding the provisions of
  1 12 chapter 22, the board shall not determine a contract
  1 13 or arrangement filed with the board pursuant to this
  1 14 section to be a confidential record.
  1 15       .  Contracts filed with the board pursuant to
  1 16 this subsection shall be subject to all other
  1 17 provisions of this chapter, including, but not limited
  1 18 to, sections 476.8 and 476.74, regarding contracts
  1 19 with affiliates, subsidiaries, or other related
  1 20 companies.  Notwithstanding section 476.74, subsection
  1 21 10, the board shall not adopt rules that either exempt
  1 22 any public utility or class of public utility, or
  1 23 exempt any class of contracts or arrangements filed
  1 24 under this subsection from the filing requirements of
  1 25 section 476.74, nor shall the board waive such filing
  1 26 requirements with respect to power purchase contracts
  1 27 filed under this subsection."
  1 28    #2.  Page 33, by inserting after line 33 the
  1 29 following:
  1 30    "Sec.    .  Section 476.74, subsection 4, Code
  1 31 2001, is amended to read as follows:
  1 32    4.  VERIFIED COPIES REQUIRED.  Every public utility
  1 33 shall file with the board a verified copy of the
  1 34 contract or arrangement referred to in this section,
  1 35 or a verified summary of the unwritten contract or
  1 36 arrangement, and also of all the contracts and
  1 37 arrangements or a verified summary of the unwritten
  1 38 contracts or arrangements, whether written or
  1 39 unwritten, entered into prior to July 1, 1989, and in
  1 40 force and effect at that time.  Any Notwithstanding
  1 41 subsection 4A and chapter 22, any contract or
  1 42 agreement determined by the board to be a confidential
  1 43 record pursuant to section 22.7 shall be returned to
  1 44 the public utility filing the confidential record
  1 45 within sixty days after the contract or agreement is
  1 46 filed; however, pursuant to subsection 4A and this
  1 47 section, the board shall not determine any power
  1 48 purchase contract filed with the board under section
  1 49 476.6, subsection 16A, to be a confidential record
  1 50 under chapter 22.
  2  1    Sec.    .  Section 476.74, Code 2001, is amended by
  2  2 adding the following new subsection:
  2  3    NEW SUBSECTION.  4A.  It is the intent of the
  2  4 general assembly that information filed with the board
  2  5 regarding a public utility's dealings with its
  2  6 affiliates should be a matter of public record in
  2  7 order for the public to be able to assess the fairness
  2  8 of each transaction and to take appropriate action in
  2  9 regard to utility rate making and related issues of
  2 10 public concern.  Therefore, notwithstanding the
  2 11 provisions of chapter 22, the board shall not
  2 12 determine a contract or arrangement, or a summary of a
  2 13 contract or arrangement, filed with the board pursuant
  2 14 to this section or section 476.6, subsection 16A, to
  2 15 be a confidential record.
  2 16    Sec.    .  Section 476.74, subsection 10, Code
  2 17 2001, is amended to read as follows:
  2 18    10.  EXEMPTION BY RULE OR WAIVER.  The board may
  2 19 adopt rules which that exempt any public utility or
  2 20 class of public utility or class of contracts or
  2 21 arrangements from this section or waive the
  2 22 requirements of this section if the board finds that
  2 23 the exemption or waiver is in the public interest,
  2 24 except for power purchase contracts filed with the
  2 25 board under section 476.6, subsection 16A."
  2 26    #3.  By renumbering, relettering, and correcting
  2 27 internal references as necessary.  
  2 28 
  2 29 
  2 30                               
  2 31 WITT of Black Hawk
  2 32 HF 2562.202 79
  2 33 jj/sh
     

Text: H08180                            Text: H08182
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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