476.23 Electric service conflicts — certificates of authority.
1. An electric utility shall not construct or extend facilities or furnish or offer to furnish electric service to the existing point of delivery of any customer already receiving electric service from another electric utility without having first filed with the board the express written agreement of the electric utility presently serving this customer, except as otherwise provided in this section. Any municipal corporation, after being authorized by a vote of the people, or any electric utility may file a petition with the board requesting a certificate of authority to furnish electric service to the existing point of delivery of any customer already receiving electric service from another electric utility. If, after notice by the board to the electric utility currently serving the customer, objection to the petition is not filed and investigation is not deemed necessary, the board shall issue a certificate within thirty days of the filing of the petition. When an objection is filed, if the board, after notice and opportunity for hearing, determines that service to the customer by the petitioner is in the public interest, including consideration of any unnecessary duplication of facilities, it shall grant this certificate in whole or in part, upon such terms, conditions, and restrictions as may be justified. Whether or not an objection is filed, any certificate issued shall require that the petitioner pay to the electric utility presently serving the customer, the reasonable price for facilities serving the customer. This price determination by the board shall include due consideration of the cost of the facilities being acquired; any necessary generating capacity and transmission capacity dedicated to the customer, including, but not limited to, electric power generating facilities and alternate energy production facilities not yet in service but for which the board has issued an order pursuant to section 476.53, and electric power generating facility emissions plan budgets approved by the board pursuant to section 476.6, subsection 19; depreciation; loss of revenue; and the cost of facilities necessary to reintegrate the system of the utility after detaching the portion sold.
2. An electric utility shall not construct or extend facilities or furnish electric service to a prospective customer not presently being served, unless its existing service facilities are nearer the proposed point of delivery than the service facilities of any other utility. However, an electric utility may extend electric service and transmission lines if the electric utility closest to the delivery point consents to this extension in writing and a copy of the agreement is filed with the board or, if the board, after notice and opportunity for hearing and after giving due consideration to the prevention of unnecessary duplication of facilities, finds that service from an electric utility, other than the closest utility, is in the public interest. This subsection shall not apply if the prospective customers are within an exclusive service area assigned to an electric utility as provided in this subchapter.
3. Notwithstanding subsections 1 and 2 of this section, any electric utility may extend electric service and transmission lines to its own utility property and facilities.
4. If not inconsistent with the provisions of this subchapter:
a. All rights of municipal corporations under chapter 364 to grant a person a franchise to erect, maintain, and operate plants and systems for electric light and power within the corporate boundaries, and rights acquired by franchise or agreement shall be preserved in these municipal corporations;
b. All rights of city utilities under the city code shall be preserved in these city utilities;
c. All rights of city utilities and joint electric utilities under chapter 390 shall be preserved in these city utilities and joint electric utilities; and
d. All rights of cities under chapter 6B are preserved. However, prior to the institution of condemnation proceedings, the city shall obtain a certificate of authority from the board in accordance with this subchapter and the board’s determination of price under this subchapter shall be conclusive evidence of damages in these condemnation proceedings.
[C66, 71, 73, 75, §490A.23, 490A.24; C77, 79, 81, §476.23]
2003 Acts, ch 29, §1, 6; 2014 Acts, ch 1026, §143
Referred to in §437A.3, 476.1B
Structure Iowa Code
Chapter 476 - PUBLIC UTILITY REGULATION
Section 476.1 - Applicability of authority.
Section 476.1A - Applicability of authority — certain electric utilities.
Section 476.1B - Applicability of authority — municipally owned utilities.
Section 476.1C - Applicability of authority — certain gas utilities.
Section 476.1D - Regulation and deregulation of communications services.
Section 476.2 - Board powers and rules — utility’s Iowa office.
Section 476.3 - Complaints — investigation — refunds.
Section 476.4 - Tariffs filed.
Section 476.4A - Exemption from tariff filings for telephone utilities.
Section 476.5 - Adherence to schedules.
Section 476.6A - Alternate energy production facilities — notification requirements.
Section 476.7 - Application by utility for review.
Section 476.8 - Utility charges and service.
Section 476.9 - Accounts rendered to board.
Section 476.10 - Investigations — expense — appropriation.
Section 476.10B - Energy-efficient building.
Section 476.11 - Telephone toll connections.
Section 476.12 - Rehearings before board.
Section 476.13 - Judicial review.
Section 476.14 - Violations stopped.
Section 476.15 - Extent of jurisdiction.
Section 476.16 - Annual report.
Section 476.17 - Peak-load energy conservation.
Section 476.18 - Impermissible charges.
Section 476.19 - Construction of statutes.
Section 476.20 - Disconnection limited — notice — moratorium — deposits.
Section 476.21 - Discrimination prohibited.
Section 476.23 - Electric service conflicts — certificates of authority.
Section 476.24 - Electric utility service area maps.
Section 476.25 - Assigned service areas — electric utilities — legislative policy.
Section 476.26 - Effect of incorporation, annexation, or consolidation.
Section 476.27 - Public utility crossing — railroad rights-of-way.
Section 476.29 - Certificates for providing local telecommunications services.
Section 476.31 - Continuing audit of operation.
Section 476.32 - Review of annual reports.
Section 476.33 - Rules governing hearings.
Section 476.43 - Rates for alternate energy production facilities.
Section 476.44A - Trading of credits.
Section 476.45 - Exemption from excess capacity.
Section 476.46 - Alternate energy revolving loan program.
Section 476.46A - Energy infrastructure revolving loan program.
Section 476.47 - Alternate energy purchase programs.
Section 476.48 - Small wind innovation zone program.
Section 476.49 - Billing methods for distributed generation customers.
Section 476.51 - Civil penalty.
Section 476.52 - Management efficiency.
Section 476.53 - Electric generating and transmission facilities.
Section 476.53A - Renewable electric power generation.
Section 476.54 - Delayed payment charges.
Section 476.55 - Complaint of antitrust activities.
Section 476.56 - Energy costs provided.
Section 476.57 - Limitations on use of ADAD equipment — penalty.
Section 476.62 - Energy-efficient lighting required.
Section 476.63 - Energy efficiency programs.
Section 476.65 - Energy audits.
Section 476.66 - Customer contribution fund.
Section 476.73 - Affiliate records.
Section 476.74 - Affiliate information required to be filed.
Section 476.75 - Audits required.
Section 476.76 - Reorganization defined.
Section 476.77 - Time and standards for review.
Section 476.78 - Cross-subsidization prohibited.
Section 476.79 - Provision of nonutility service.
Section 476.80 - Additional requirements.
Section 476.81 - Audit required.
Section 476.82 - Exemption — energy efficiency.
Section 476.87 - Certification of competitive natural gas providers.
Section 476.91 - Alternative operator services.
Section 476.95A - Annual registration for telecommunications service providers.
Section 476.95B - Applicability of authority.
Section 476.97 - Price regulation.
Section 476.98 - Earnings calculation and report.
Section 476.99 - Additional price regulation plan provisions.
Section 476.100 - Prohibited acts.
Section 476.101 - Local exchange competition.
Section 476.102 - Universal service.
Section 476.103 - Unauthorized change in service — civil penalty.