House File 2483

                                       HOUSE FILE       
                                       BY  COMMITTEE ON COMMERCE,
                                           REGULATION AND LABOR

                                       (SUCCESSOR TO HSB 588)


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to temporary rate authority and rules of the Iowa
  2    utilities board regarding rate regulation proceedings.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5577HV 80
  5 kk/sh/8

PAG LIN

  1  1    Section 1.  Section 476.6, subsection 10, unnumbered
  1  2 paragraph 2, Code Supplement 2003, is amended to read as
  1  3 follows:
  1  4    A public utility may choose to place in effect temporary
  1  5 rates, charges, schedules, or regulations without board review
  1  6 ten days after the filing under this section.  If the utility
  1  7 chooses to place such rates, charges, schedules, or
  1  8 regulations in effect without board review, the utility shall
  1  9 file with the board a bond or other corporate undertaking
  1 10 approved by the board conditioned upon the refund in a manner
  1 11 prescribed by the board of amounts collected in excess of the
  1 12 amounts which would have been collected under rates, charges,
  1 13 schedules, or regulations finally approved by the board.  At
  1 14 the conclusion of the proceeding if the board determines that
  1 15 the temporary rates, charges, schedules, or regulations placed
  1 16 in effect under this paragraph were not based on previously
  1 17 established regulatory principles, the board shall consider
  1 18 ordering refunds based upon the overpayments made by each
  1 19 individual customer class, rate zone, or customer group.
  1 20    If the board finds that an extension of the ten=month
  1 21 period is necessary to permit the accumulation of necessary
  1 22 data with respect to the operation of a newly constructed
  1 23 electric generating facility that has a capacity of one
  1 24 hundred megawatts or more of electricity and that is proposed
  1 25 to be included in the rate base for the first time, the board
  1 26 may extend the ten=month period up to a maximum extension of
  1 27 six months, but only with respect to that portion of the
  1 28 suspended rates, charges, schedules, or regulations that are
  1 29 necessarily connected with the inclusion of the generating
  1 30 facility in the rate base.  If a utility is proposing to
  1 31 include in its rate base for the first time a newly
  1 32 constructed electric generating facility that has a capacity
  1 33 of one hundred megawatts or more of electricity, the filing
  1 34 date of new or changed rates, charges, schedules, or
  1 35 regulations shall, for purposes of computing the ninety=day
  2  1 and ten=month time limitations stated above, be the date as
  2  2 determined by the board that the new plant went into service,
  2  3 but only with respect to that portion of the suspended rates,
  2  4 charges, schedules, or regulations that are necessarily
  2  5 connected with the inclusion of the generating facility in the
  2  6 rate base.
  2  7    Sec. 2.  Section 476.33, subsection 4, Code Supplement
  2  8 2003, is amended to read as follows:
  2  9    4.  The board shall adopt rules that require the board, in
  2 10 rate regulatory proceedings under sections 476.3 and 476.6, to
  2 11 consider the use of the most current test period possible in
  2 12 determining reasonable and just rates, subject only to the
  2 13 availability of existing and verifiable data respecting costs
  2 14 and revenues, and in addition to consider verifiable data that
  2 15 exists as of the date of commencement of the proceedings
  2 16 within nine months after the conclusion of the test year,
  2 17 respecting known and measurable changes in costs not
  2 18 associated with a different level of revenue, and known and
  2 19 measurable revenues not associated with a different level of
  2 20 costs, that are to occur at any time within twelve months
  2 21 after the date of commencement of the proceedings.  Parties
  2 22 proposing adjustments that are not verifiable at the
  2 23 commencement of the proceedings shall include projected data
  2 24 related to the adjustments in their initial substantive filing
  2 25 with the board.  For purposes of this subsection, a proceeding
  2 26 commences under section 476.6 upon the filing date of new or
  2 27 changed rates, charges, schedules or regulations. This
  2 28 subsection does not limit the authority of the board to
  2 29 consider other evidence in proceedings under sections 476.3
  2 30 and 476.6.
  2 31                           EXPLANATION
  2 32    This bill relates to temporary rate authority of public
  2 33 utilities and to the adoption of rules by the utilities board
  2 34 in rate regulation proceedings.
  2 35    The bill permits a public utility to place in effect
  3  1 temporary rates and charges 10 days after filing an
  3  2 application with the utilities board.  If the public utility
  3  3 places such rates and charges in effect, the utility must file
  3  4 a bond with the board.  The bill provides that if the utility
  3  5 board does not approve the temporary rates and charges, the
  3  6 board may order refunds to customers affected by the temporary
  3  7 rates and charges.
  3  8    The bill provides that when the board adopts rules
  3  9 regarding rate regulatory proceedings, the board shall
  3 10 consider verifiable data that exists within nine months after
  3 11 the end of the test year and that parties proposing
  3 12 adjustments not verifiable at the start of proceedings must
  3 13 include projected data related to the adjustments in their
  3 14 initial filing with the board.
  3 15 LSB 5577HV 80
  3 16 kk/sh/8.1