476.25 Assigned service areas — electric utilities — legislative policy.
It is declared to be in the public interest to encourage the development of coordinated statewide electric service at retail, to eliminate or avoid unnecessary duplication of electric utility facilities, and to promote economical, efficient, and adequate electric service to the public. In order to effect that public interest, the board may establish service areas within which specified electric utilities shall provide electric service to customers on an exclusive basis. Except for good cause expressed through formal public statement, the board shall establish these exclusive service areas on or before July 1, 1979. These exclusive service area boundaries shall be established by the board upon the following basis:
1. The service area boundaries shall be in a line approximately equidistant between the electric distribution lines of adjacent electric utilities as they existed on January 1, 1976, and as shown by the maps filed in accordance with this subchapter. However, those boundaries may be modified by the board to promote the public interest, to preserve existing service areas and electric utilities’ rights to serve existing customers, and to prevent unnecessary duplication of facilities, to take account of natural and physical barriers which would make electric service beyond these barriers uneconomic and impractical and those boundaries shall be modified by the board to take account of the contracts between electric utilities which have been approved by the board pursuant to subsection 2 of this section. When an electric utility’s exclusive service area is established by the board to include existing customers presently served by the facilities of another electric utility, unless a voluntary exchange of facilities is agreed upon by the electric utilities involved and approved by the board, the board after notice and opportunity for hearing, shall require the purchase of those facilities presently serving these customers at a reasonable price to be determined by the board. The board, on its own motion or at the request of an electric utility or municipal corporation, after notice and opportunity for hearing, may modify the boundaries of an electric utility exclusive service area which it has previously established if this modification, including consideration of the factors noted in this subsection, is found to be in the public interest.
2. Contracts between electric utilities to designate service areas and customers to be served by the electric utilities or for the exchange of customers between electric utilities, when approved by the board, shall be valid and enforceable and shall be incorporated into the appropriate exclusive service areas established pursuant to subsection 1 of this section. The board shall approve a contract if it finds that the contract will eliminate or avoid unnecessary duplication of facilities, will provide adequate electric service to all areas and customers affected, will promote the efficient and economical use and development of the electric systems of the contracting electric utilities, and is in the public interest.
3. An electric utility shall not serve or offer to serve electric customers in an exclusive service area assigned to another electric utility, nor shall an electric utility construct facilities to serve electric customers in an exclusive service area assigned to another electric utility. The state, an electric utility, or any other person who is injured or threatened with injury by conduct prohibited by this section may initiate a contested case proceeding with the board under chapter 17A. Upon finding a violation of this section the board shall order appropriate corrective action including discontinuance of the unlawful service to electric customers, removal of the unlawful facility, or other disposition the board deems just and reasonable.
[C77, 79, 81, §476.25]
84 Acts, ch 1101, §1; 2014 Acts, ch 1026, §143
Referred to in §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.