478.31  Temporary permits for lines less than one mile.
  1.  Notwithstanding the provisions of section 478.1, any person, company, or corporation proposing to construct an electric transmission line not exceeding one mile in length and which does not involve the taking of property under the right of eminent domain may obtain a temporary construction permit from the utilities board by proceeding in the manner set forth in this section. The person, company, or corporation shall first file with the board a verified petition setting forth the requirements of section 478.3, subsection 1, paragraphs “a” through “h”, with the further allegation that the petitioner is the nearest electric utility to the proposed point of service.
  2.  The petition shall also state that the filing thereof constitutes an application for a temporary construction permit and shall also have endorsed thereon the approval of the appropriate highway authority or railroad concerned if such line is to be constructed over, across, or along a public highway or railroad.
  3.  Upon receipt of the petition, the utilities board shall consider same and may grant a temporary construction permit in whole or in part or upon such terms, conditions, and restrictions, and with such modifications as to location as may seem to it just and proper. A finding of public use shall not be made at the time of the issuance of the permit, but shall be made, if substantiated by petitioner, at the subsequent consideration of the propriety of granting a franchise for the line subject to the permit. The signature of one utilities board member on the permit shall be sufficient. The issuance of the permit shall constitute temporary authority for the permit holder to construct the line for which the permit is granted.
  4.  Upon the granting of such temporary construction permit, the utilities board shall cause the publication of notice required by section 478.5 and all other requirements shall be complied with as in the manner provided for the granting of a franchise. If a hearing is required, then the petitioner shall make a sufficient and proper showing thereat before a franchise will be issued for the line. Any franchise issued will be subject to all applicable provisions of this chapter.
  5.  Notwithstanding subsections 1 through 4, if the utilities board shall determine that a franchise should not be granted, or that further restrictions, conditions, or modifications are required, or if the petitioner shall fail to make a sufficient and proper showing of the necessity for the granting of a franchise within six months of the granting of the temporary construction permit, the permit issued hereunder shall become null and void and the permit holder may be required to take such action deemed necessary by the board to remove, modify, or relocate the construction undertaken by virtue of the temporary permit issued hereunder.
[C66, 71, 73, 75, §489.31; C77, 79, 81, §478.31]
2015 Acts, ch 30, §156
Section not amended; editorial change applied