476.77 Time and standards for review.
1. A reorganization shall not take place if the board disapproves. Prior to reorganization, the applicant shall file with the board a proposal for reorganization with supporting testimony and evidence to establish that the reorganization is not contrary to the interests of the public utility’s ratepayers and the public interest.
2. A proposal for reorganization shall be deemed to have been approved unless the board disapproves the proposal within ninety days after its filing. The board, for good cause shown, may extend the deadline for acting on an application for an additional period not to exceed ninety days. However, the board shall not disapprove a proposal for reorganization without providing for notice and opportunity for hearing. The notice of hearing shall be provided no later than fifty days after the proposal for reorganization has been filed.
3. In its review of a proposal for reorganization, the board may consider all of the following:
a. Whether the board will have reasonable access to books, records, documents, and other information relating to the public utility or any of its affiliates.
b. Whether the public utility’s ability to attract capital on reasonable terms, including the maintenance of a reasonable capital structure, is impaired.
c. Whether the ability of the public utility to provide safe, reasonable, and adequate service is impaired.
d. Whether ratepayers are detrimentally affected.
e. Whether the public interest is detrimentally affected.
4. The board may adopt rules which exempt a public utility or class of public utility or class of reorganization from this section if the board finds that with respect to the public utility or class of public utility or class of reorganization review is not necessary in the public interest. The board may adopt rules necessary to protect the interest of the customers of the exempt public utility. These rules may include, but are not limited to, notification of a proposed sale or transfer of assets or stock. The board may waive the requirements of this section, if the board finds that board review is not necessary in the public interest.
89 Acts, ch 103, §8; 91 Acts, ch 68, §1; 98 Acts, ch 1097, §1, 2
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.