Text: SF00278 Text: SF00280 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 279 1 2 1 3 AN ACT 1 4 RELATING TO ALLOCATION AND PAYMENT OF EXPENSES ARISING FROM 1 5 PERFORMANCE OF DUTIES BY THE IOWA UTILITIES BOARD AND THE 1 6 CONSUMER ADVOCATE, PROVIDING FOR A REPORT BY THE IOWA 1 7 UTILITIES BOARD, AND PROVIDING AN EFFECTIVE DATE. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 476.10, unnumbered paragraphs 1, 2, and 1 12 3, Code 2001, are amended to read as follows: 1 13When the board deems it necessary inIn order to carry out 1 14 the duties imposed upon it bythis chapter for the purpose of1 15determining rate matters to investigate the books, accounts,1 16practices, and activities of, or make appraisals of the1 17property of any public utility, or to render any engineering1 18or accounting services to any public utility, or to review the1 19operations or annual reports of the public utility under1 20section 476.31 or 476.32, or to evaluate a proposal for1 21reorganization under section 476.77, the public utility shall1 22pay the expense reasonably attributable to the investigation,1 23appraisal, service, or reviewlaw, the board may, at its 1 24 discretion, allocate and charge directly the expenses 1 25 attributable to its duties to the person bringing a proceeding 1 26 before the board or to persons participating in matters before 1 27 the board. The board shall ascertain theexpenses including1 28 certified expenses incurred and directly chargeable by the 1 29 consumer advocate division of the department of justice 1 30directly chargeable to the public utility under section1 31475A.6, and shall renderin the performance of its duties. 1 32 The board and the consumer advocate separately may decide not 1 33 to charge expenses to persons who, without expanding the scope 1 34 of the proceeding or matter, intervene in good faith in a 1 35 board proceeding initiated by a person subject to the board's 2 1 jurisdiction, the consumer advocate, or the board on its own 2 2 motion. For assessments in any proceedings or matters before 2 3 the board, the board and the consumer advocate separately may 2 4 consider the financial resources of the person, the impact of 2 5 assessment on participation by intervenors, the nature of the 2 6 proceeding or matter, and the contribution of a person's 2 7 participation to the public interest. The board may present a 2 8 bill for expenses under this paragraph to thepublic utility2 9 person, either at the conclusion ofthe investigation,2 10appraisal, services, or reviewa proceeding or matter, or from 2 11 time to time during its progress, which. Presentation of a 2 12 billisfor expenses under this paragraph constitutes notice 2 13 ofthedirect assessment andshall demandrequest for payment 2 14 in accordance with this section.The total amount of such2 15expense in any one calendar year, for which any public utility2 16shall become liable, shall not exceed two-tenths of one2 17percent of its gross operating revenues derived from2 18intrastate public utility operations in the last preceding2 19calendar year.2 20 The board shall ascertain the total of the division's 2 21expendituresexpenses incurred during each fiscal yearwhich2 22are reasonably attributable toin the performance of its 2 23 duties underthis chapterlaw. The board shall add tothis2 24 the total of the division's expenses the certified expenses of 2 25 the consumer advocate as provided under section 475A.6and. 2 26 The board shall deduct all amountschargeable directly to any2 27specific utility under any lawcharged directly to any person 2 28 from the total expenses of the board and the consumer 2 29 advocate. Theremainder shall be assessed by theboard may 2 30 assess the amount remaining after the deduction tothe public2 31utilitiesall persons providing service over which the board 2 32 has jurisdiction in proportion totheirthe respective gross 2 33 operating revenues of such persons from intrastate operations 2 34 during the last calendar yearderived from intrastate public2 35utility operations and may be assessed by the board on a3 1quarterly basisover which the board has jurisdiction. For 3 2 purposes of determining gross operating revenues under this 3 3 section, the board shall not include gross receipts received 3 4 by a cooperative corporation or association for wholesale 3 5 transactions with members of the cooperative corporation or 3 6 association, provided that the members are subject to 3 7 assessment by the board based upon the members' gross 3 8 operating revenues, or provided that such a member is an 3 9 association whose members are subject to assessment by the 3 10 board based upon the members' gross operating revenues. 3 11Assessments may be made quarterlyIf any portion of the 3 12 remainder can be identified with a specific type of utility 3 13 service, the board shall assess those expenses only to the 3 14 entities providing that type of service over which the board 3 15 has jurisdiction. The board may make the remainder 3 16 assessments under this paragraph on a quarterly basis, based 3 17 upon estimates of theutilities division's and the consumer3 18advocate'sexpenditures for the fiscal year for the utilities 3 19 division and the consumer advocate.Beginning with the fiscal3 20year beginning July 1, 1987, the first assessment for any3 21fiscal year may be made by the utilities division by May 15 of3 22the preceding fiscal year and shall be paid by the utility on3 23or before the following July 1.Not more than ninety days 3 24 following the close of the fiscal year, the utilities division 3 25 shall conform the amount of the prior fiscal year's 3 26 assessments to the requirements of thissectionparagraph. 3 27Public utilities exempt from rate regulation under this3 28chapter shall not be assessed for remainder expenses incurred3 29during review of rate-regulated public utilities under section3 30476.31 or 476.32, but such remainder expenses shall be3 31assessed proportionally as provided in this section among only3 32the rate-regulated public utilities. The total amount which3 33may be assessed to the public utilities under authority of3 34this paragraph shall not exceed two-tenths of one percent of3 35the total gross operating revenues of the public utilities4 1during the calendar year derived from intrastate public4 2utility operations. However, the total amount which may be4 3assessed in any one calendar year to a public utility under4 4this section shall not exceed three-tenths of one percent of4 5the utility's total gross operating revenues derived from4 6intrastate public utility operation in the last preceding4 7year.For gas and electric public utilities exempted from 4 8 rate regulationunderpursuant to this chapter, the remainder 4 9 assessments under this paragraph shall be computed at one-half 4 10 the rate used in computing the assessment for otherutilities4 11 persons. 4 12Each utilityA person subject to a charge or assessment 4 13 shall pay the division the amount charged or assessed against 4 14itthe person within thirty days from the time the division 4 15mailsprovides notice toitthe person of the amount due, 4 16 unlessit shall file with the board objectionsthe person 4 17 files an objection in writing with the board, setting out the 4 18 grounds upon whichitthe person claims that such charge or 4 19 assessment is excessive, unreasonable, erroneous, unlawful, or 4 20 invalid. Uponthe filing of such objectionsreceipt of an 4 21 objection, the board shall set the matterdownfor hearing and 4 22 issue its order in accordance with its findings insuchthe 4 23 proceeding, which. 4 24 The order shall be subject to review in the manner provided 4 25 in this chapter. All amounts collected by the division 4 26 pursuant to the provisions of this section shall be deposited 4 27 with thestatetreasurer of state and credited to the general 4 28 fund of the state. Such amounts shall be spent in accordance 4 29 with the provisions of chapter 8. 4 30 Sec. 2. UTILITIES BOARD REPORT. The utilities board shall 4 31 submit a written report to the general assembly on or before 4 32 March 1, 2002, regarding the direct and remainder assessments 4 33 made pursuant to this Act. The utilities board shall indicate 4 34 for both direct and remainder assessments the amount of the 4 35 assessment and the party to whom it was assessed. The 5 1 utilities board shall also provide a comparison of the 5 2 assessments made to the same parties under the previous 5 3 statute. The utilities board may also address additional 5 4 issues or information that it deems useful to the general 5 5 assembly in reviewing the statutory changes. 5 6 Sec. 3. EFFECTIVE DATE. This Act, being deemed of 5 7 immediate importance, takes effect upon enactment. 5 8 5 9 5 10 5 11 MARY E. KRAMER 5 12 President of the Senate 5 13 5 14 5 15 5 16 BRENT SIEGRIST 5 17 Speaker of the House 5 18 5 19 I hereby certify that this bill originated in the Senate and 5 20 is known as Senate File 279, Seventy-ninth General Assembly. 5 21 5 22 5 23 5 24 MICHAEL E. MARSHALL 5 25 Secretary of the Senate 5 26 Approved , 2001 5 27 5 28 5 29 5 30 THOMAS J. VILSACK 5 31 Governor
Text: SF00278 Text: SF00280 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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