| LAWS OF THE 2001 REGULAR SESSION OF THE SEVENTY-NINTH GENERAL ASSEMBLY OF THE STATE OF IOWA |
Section 1. Section 476.10, unnumbered paragraphs 1, 2, and 3, Code 2001, are amended to read as follows:
When the board deems it necessary
in
In order to carry out the duties imposed upon it
by this chapter for the purpose of determining rate matters to investigate the books,
accounts, practices, and activities of, or make appraisals of the property of any public utility, or
to render any engineering or accounting services to any public utility, or to review the
operations or annual reports of the public utility under section 476.31 or 476.32, or to evaluate
a proposal for reorganization under section 476.77, the public utility shall pay the
expense reasonably attributable to the investigation, appraisal, service, or
review
law, the board may, at its discretion, allocate and charge directly the expenses attributable to its duties
to the person bringing a proceeding before the board or to persons participating in
matters before the board. The board shall ascertain the
expenses including
certified expenses
incurred and directly chargeable by the consumer advocate division of the department
of justice directly chargeable to the public utility under section 475A.6, and shall
render
in the performance of its duties. The board and the consumer advocate separately may decide
not to charge expenses to persons who, without expanding the scope of the proceeding or
matter, intervene in good faith in a board proceeding initiated by a person subject to the
board's jurisdiction, the consumer advocate, or the board on its own motion. For assessments
in any proceedings or matters before the board, the board and the consumer advocate
separately may consider the financial resources of the person, the impact of assessment
on participation by intervenors, the nature of the proceeding or matter, and the contribution
of a person's participation to the public interest. The board may
present a bill for expenses under this
paragraph to the public
utility
person, either at the conclusion of
the investigation, appraisal, services, or
review
a proceeding or matter, or from time to time during
its progress, which
. Presentation of
a bill is
for expenses under this paragraph
constitutes notice of the
direct assessment and shall
demand
request for payment in accordance
with this section. The total amount of such expense in any one calendar year, for which
any public utility shall become liable, shall not exceed two-tenths of one percent of its
gross operating revenues derived from intrastate public utility operations in the last
preceding calendar year.
The board shall ascertain the total of the division's
expenditures
expenses
incurred during each fiscal year
which are reasonably attributable
to
in the performance of its
duties under this chapter
law. The board shall add to
this
the total of the division's
expenses the certified expenses of the consumer advocate as provided under section 475A.6
and
. The board shall deduct all amounts
chargeable directly to any specific utility under any
law
charged directly to any person from the total expenses of the board and the
consumer advocate. The remainder shall be assessed by
the
board may assess the amount
remaining after the deduction to the public
utilities
all persons providing service over which the
board has jurisdiction in proportion to
their
the respective gross operating revenues
of such persons from intrastate operations during the last calendar year
derived from intrastate public utility operations and may be assessed by the board on a quarterly
basis
over which the board has
jurisdiction. For purposes of determining gross operating revenues under
this section, the board shall not include gross receipts received by a cooperative corporation
or association for wholesale transactions with members of the cooperative corporation or association,
provided that the members are subject to assessment by the board based upon the members' gross operating revenues,
or provided that such a member is an association whose members are subject to assessment by the board
based upon the members' gross operating
revenues. Assessments may be made
quarterly
If any portion of the remainder can be identified with a specific type of utility service, the board shall assess those expenses only
to the entities providing that type of service over which the board has jurisdiction. The board may make
the remainder assessments under this paragraph on a quarterly
basis, based upon estimates of the utilities
division's and the consumer advocate's
expenditures for the fiscal year
for the utilities division and the consumer
advocate. Beginning with the fiscal year beginning July 1, 1987, the first assessment for any fiscal year
may be made by the utilities division by May 15 of the preceding fiscal year and shall be paid by the utility on
or before the following July 1.
Not more than ninety days following the close of the fiscal year, the
utilities division shall conform the amount of the prior fiscal year's assessments to the requirements of this
section
paragraph.
Public utilities exempt from rate regulation under this chapter shall not be assessed for
remainder expenses incurred during review of rate-regulated public utilities under section 476.31 or 476.32, but
such remainder expenses shall be assessed proportionally as provided in this section among only the
rate-regulated public utilities. The total amount which may be assessed to the public utilities under authority of this
paragraph shall not exceed two-tenths of one percent of the total gross operating revenues of the public utilities during
the calendar year derived from intrastate public utility operations. However, the total amount which may
be assessed in any one calendar year to a public utility under this section shall not exceed three-tenths of
one percent of the utility's total gross operating revenues derived from intrastate public utility operation in the
last preceding year.
For gas and
electric public utilities exempted from rate regulation
under
pursuant to this chapter, the
remainder assessments under this paragraph shall be computed at one-half the rate used
in computing the assessment for other
utilities
persons.
Each utility
A person subject to a charge or
assessment shall pay the division the amount
charged or assessed against
it
the person within thirty days from the time the division
mails
provides notice to
it
the person of the amount
due, unless it shall file with the board
objections
the person files an
objection in writing with the board, setting out the grounds
upon which it
the person claims that such
charge or assessment is excessive,
unreasonable, erroneous, unlawful, or invalid. Upon
the filing of such objections
receipt of an objection, the board shall set the matter
down
for hearing and issue its order in accordance with
its findings in such
the
proceeding, which
.
The order shall be subject to review in the manner provided in this chapter. All
amounts collected by the division pursuant to the provisions of this section shall be deposited
with the state
treasurer of
state and credited to the general fund of the state. Such amounts
shall be spent in accordance with the provisions of chapter 8.
Sec. 2. UTILITIES BOARD REPORT. The utilities board shall submit a written report to the general assembly on or before March 1, 2002, regarding the direct and remainder assessments made pursuant to this Act. The utilities board shall indicate for both direct and remainder assessments the amount of the assessment and the party to whom it was assessed. The utilities board shall also provide a comparison of the assessments made to the same parties under the previous statute. The utilities board may also address additional issues or information that it deems useful to the general assembly in reviewing the statutory changes.
Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment.
Approved March 14, 2001
Updated: 23-Oct-2001 02:38 PM
rc/sw