ARC 6124C
UTILITIES DIVISION[199]
Adopted and Filed
Rule making related to regulation of electric cooperatives
The Utilities Board hereby amends Chapter 27, “Regulation of Electric Cooperatives and Municipal Electric Utilities Under Iowa Code Chapter 476,” Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code sections 476.1A and 476.2.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code section 476.1A.
Purpose and Summary
This rule making rescinds paragraph 27.1(2)“o.” That paragraph established the Board’s jurisdiction over allegations of unreasonable preference or advantage pursuant to Iowa Code section 476.1A(3) against rural electric cooperatives. Based on an objection from the Iowa Association of Electric Cooperatives (IAEC) stating that complaints under this statute are not within the Board’s jurisdiction, the Board has reconsidered the statute and has determined that there is sufficient ambiguity in the language in Iowa Code section 476.1A that the Board should rescind the paragraph.
On December 8, 2021, the Board issued an order adopting amendments. The order is available on the Board’s electronic filing system, efs.iowa.gov, under Docket No. RMU-2021-0027.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 3, 2021, as ARC 6013C.
Comments were filed by the Office of Consumer Advocate (OCA) and the IAEC. The IAEC supported the rescission. The OCA had no comment on the rescission but did comment on other provisions of Chapter 27. No changes from the Notice have been made.
Adoption of Rule Making
This rule making was adopted by the Board on December 8, 2021.
Fiscal Impact
This rule making has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rule making, no impact on jobs has been found.
Waivers
No waiver provision is included in these amendments because the Board has a general waiver provision in rule 199—1.3(17A,474,476) that provides procedures for requesting a waiver of the rules in Chapter 27.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rule making will become effective on February 16, 2022.
The following rule-making action is adopted:
	Rescind paragraph 27.1(2)“o.”
[Filed 12/9/21, effective 2/16/22]
[Published 1/12/22]
Editor’s Note: For replacement pages for IAC, see IAC Supplement 1/12/22.