Iowa Code § 478.6A
Merchant line franchises — requirements — limitations
Redline — January 1, 2017 → current.View current text →
Current — January 1, 2026
As of January 1, 2017
1. For purposes of this section, “merchant line” means a high-voltage direct current electric transmission line which does not provide for the erection of electric substations at intervals of less than fifty miles, which substations are necessary to accommodate both the purchase and sale to persons located in this state of electricity generated or transmitted by the franchisee.
1. For purposes of this section, “merchant line” means a high-voltage direct current electric transmission line which does not provide for the erection of electric substations at intervals of less than fifty miles, which substations are necessary to accommodate both the purchase and sale to persons located in this state of electricity generated or transmitted by the franchisee.
2. A petition for a franchise to construct a merchant line, in addition to any other applicable requirements pursuant to this chapter, shall be subject to all of the following:
Notwithstanding section 478.21, if a petition that involves the taking of property under eminent domain is not approved by the board and a franchise granted within three years following the date the petition is filed with the board pursuant to section 478.3, the board shall reject the petition and make a record of the rejection. If the hearing on the petition conducted pursuant to section 478.4 has been held within the three-year period following the date the petition is filed, but the board has not completed its deliberations within that three-year period, the three-year period may be extended by the board to allow completion of deliberations. A petitioner shall not file a petition for the same or a similar project that has been rejected within sixty months following the date of rejection if the rejection was for failure to be approved within three years following the date the petition was filed as provided in this subsection.
2. Notwithstanding section 478.21, in addition to any other applicable requirements pursuant to this chapter, if a petition for a franchise to construct a merchant line that is proposed to be constructed above ground and involves the taking of property under eminent domain is not approved by the commission and a franchise granted within three years following the date the petition is filed with the commission pursuant to section 478.3, the commission shall reject the petition and make a record of the rejection. If the hearing on the petition conducted pursuant to section 478.4 has been held within the three-year period following the date the petition is filed, but the commission has not completed its deliberations within that three-year period, the three-year period may be extended by the commission to allow completion of deliberations. A petitioner shall not file a petition for the same or a similar project that has been rejected within sixty months following the date of rejection if the rejection was for failure to be approved within three years following the date the petition was filed as provided in this subsection.
Section takes effect May 27, 2016, and applies to petitions filed on or after that date and to certain petitions filed on or after November 1, 2014; for nonapplicability of three-year approval period in subsection 2 to petitions filed prior to May 27, 2016, and to time limitations on actions of the Iowa utilities board, see 2016 Acts, ch 1138, §38, 39
Subsection 2, paragraphs a and c, stricken by 2016 Acts, ch 1129, §9, effective July 1, 2016, but were in effect from May 27, 2016, until July 1, 2016; 2016 Acts, ch 1138, §38
NEW section
2023 amendment to subsection 2 applies retroactively to a petition for a franchise submitted on or after September 1, 2020; 2023 Acts, ch 164, §3
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.