Consumer Information Energy Telecommunications
Elizabeth S. Jacobs
Chair
Nick Wagner
Board Member
Sheila K. Tipton
Board Member

Waiver Requests (WRU)

WRU-2012-0013-0150 INTERSTATE POWER AND LIGHT COMPANY On December 19, 2012, IPL filed a request for a waiver of the requirement contained in the Board’s final order in Docket No. EEP-2008-0001 that IPL file an energy efficiency operating plan reflecting its current energy efficiency plan details.  On January 22, 2013, the Board issued an order granting IPL’s waiver request.

WRU-2013-0001-0225  BLACK HILLS/IOWA GAS UTILITY COMPANY, LLC d/b/a BLACK HILLS ENERGY On January 2, 2013, BHE filed a conditional waiver request related to its application for approval of a capital infrastructure cost tracker mechanism in Docket No. RPU-2012-0004.  BHE was requesting a waiver of the limitation on recovery of eligible investments to the prior calendar year if the Board decides that the "unless otherwise specified in an approved tariff" language in 199 IAC 19.18(3)"c," did not allow recovery of 2011 investments.  On March 15, 2013, the Board issued an order, which denied BHE’s conditional waiver request.

WRU-2013-0002-0272 QWEST CORPORATION D/B/A CENTURYLINK On January 4, 2013, Qwest filed a request for a waiver of the number utilization threshold requirements for the Altoona rate center. On January 16, 2013, the Board issued an order granting the waiver request.

WRU-2013-0003-0225  BLACK HILLS/IOWA GAS UTILITY COMPANY, LLC d/b/a BLACK HILLS ENERGY AND CONSUMERS ENERGY COOPERATIVE On January 23, 2013, BHE, and Consumers Energy filed a proposal for reorganization for the sale of all of Consumers Energy's natural gas utility assets to BHE. The joint applicants’ request was pursuant to Iowa Code § 476.77(4) and 199 IAC 1.3, asking the Board to waive the reorganization review and hearing requirement of Iowa Code § 476.77 or, in the alternative, grant expedited review of the reorganization, without a hearing. On February 26, 2013, the Board issued an order granting the joint waiver request.

WRU-2013-0004-0272, WRU-2013-0006-0415  QWEST CORPORATION, d/b/a CENTURYLINK QC AND LONE ROCK COOPERATIVE TELEPHONE COMPANY On February 19, 2013, CenturyLink filed a request for a waiver of 199 IAC 22.20(3)"a," which applies to the scale of its filed local exchange boundary map, and asked that the Board accommodate the filing of maps in electronic format.  Similar map revisions were filed by Lone Rock on February 28, 2013, and a similar request for waiver was filed on March 13, 2013. Both Qwest and Lone Rock stated that the standard of “one inch to the mile” contained in the Board rule was no longer relevant given their use of an electronic mapping format.  On March 28, 2013, the Board granted the waiver requests.

WRU-2013-0005-0156  MidAmerican Energy Company On February 21, 2013, MEC filed a request for waiver of 199 IAC 20.11, which provides that each electric utility is to inform its customers of the significance of reduction in the consumption of electricity during hours of peak demand.  On March 22, 2013, the Board granted MEC’s waiver request.

WRU-2013-0007-4081  IOWA TELECOMMUNICATIONS ASSOCIATION On March 13, 2013, the ITA filed a request for a waiver of the Board’s rules at 199 IAC 39.5 and 39.6(3), regarding annual reporting and certification requirements for eligible telecommunications carriers (ETCs).  The ITA requested the waivers on behalf of all affected carriers in Iowa, i.e., all recipients of federal high-cost universal service support.  On April 16, 2013, the Board issued an order granting the waiver requests.

WRU-2013-0008-4304  CORN, LP On April 10, 2013, Montana-Dakota Utilities Co., on behalf of Corn, filed a request for the Board to waive the provisions in 49 CFR § 192.150(a) that require a proposed pipeline be designed and constructed to accommodate the passage of instrumented internal inspection devices (also known as “smart pigs"). On May 28, 2013, Corn withdrew its waiver request. On June 3, 2013, since Corn had withdrawn its waiver request, the Board issued an order closing the waiver docket.

WRU-2013-0009-0363 (TCU-2013-0003)  FARMERS AND MERCHANTS MUTUAL TELEPHONE COMPANY On April 18, 2013, Farmers and Merchants requested a waiver of the requirement in199 Iowa Administrative Code Section 22.3(2) requiring local exchange utilities publish directories for the proposed exchanges.  On May 6, 2013, and after discussion with Board staff, Farmers and Merchants withdrew its waiver request.

WRU-2013-0010-0156  MIDAMERICAN ENERGY COMPANY On April 30, 2013, MEC filed a waiver request of 199 IAC 35.6(4)"a" for its 2012 natural gas energy efficiency budget and a waiver request of its annual operating plan requirement. On May 1, 2013, MEC filed its 2012 Energy Efficiency Annual Report. On May 10, 2013, MEC filed a supplement to its waiver request.  On June 14, 2013, the Board issued an order granting MEC’s waiver requests.

WRU-2013-0011-0150  INTERSTATE POWER AND LIGHT COMPANY On May 1, 2013, IPL filed its 2012 Energy Efficiency Annual Report and a Request for Waiver of 199 IAC 35.6(4)"a" for its 2012 energy efficiency budget.  On June 7, 2013, the Board issued an order granting IPL’s waiver request.

WRU-2013-0012-0156 (RPU-2013-0004)  MIDAMERICAN ENERGY COMPANY On May 17, 2013, as part of its rate filing, MidAmerican requested approval of new automatic adjustment clauses and, in the alternative, waivers pursuant to 199 Iowa Administrative Code 1.3 and 26.5(5).  The docket is pending.

WRU-2013-0013-0776, WRU-2013-2016-0717  CITY OF ALTON, CITY OF MAPLETON On June 4, 2013, Alton filed a waiver request of 199 IAC 19.5(2)"a"(2) in which the Board has adopted the federal natural gas pipeline safety standards in 49 CFR Part 192.  On June 24, 2013, Mapleton filed the same waiver request.  On July 2, 2013, the Board issued an order granting both waiver requests.

WRU-2013-0014-3102 COX IOWA TELCOM, LLC On June 14, 2013, Cox filed a request for a waiver of the number utilization threshold requirements for the Council Bluffs, Iowa, rate center.  On July 3, 2013, the Board issued an order granting the waiver request.

WRU-2013-0015-2504 (TCU-2013-0006) MCLEODUSA TELECOMMUNICATIONS SERVICES, L.L.C. On June 21, 2013, McLeodUSA filed, pursuant to 199 IAC 1.3, filed a request for waiver of 199 IAC 22.20(3)a pertaining to distance scale and notation requirements for exchange maps.  This waiver request was concurrently filed with McLeodUSA’s telecommunications certificate amendment application.  On August 27, 2013, McLeodUSA withdrew its request its waiver request after determining that it was possible to adopt South Slope’s North Liberty exchange map already on file with the Board as McLeodUSA’s exchange map for the North Liberty exchange.

WRU-2013-0017-3862  WATERLOO GAS TRANSPORT, LLC On July 9, 2013, WGT filed a request to waive the procedural requirements of subrule 199 IAC 10.9, which describes when an amendment to a pipeline permit is required and requires a petition for amendment follow the same procedures as a petition for a new pipeline permit, including hearing. WGT sought amendment of its pipeline permit to allow transport of a different gas mixture without going through the entire permit process. On August 9, 2013, the Board issued an order granting the waiver request.

WRU-2013-0018-4343  TNCI OPERATING COMPANY LLC and TRANS NATIONAL COMMUNICATIONS INTERNATIONAL, INC. On May 7, 2013, TNCI and Trans National jointly filed an application for approval of discontinuance of service and transfer of certificate to TNCI pursuant to Iowa Code § 476.20(1).  The applicants requested a waiver of Board rule 199 IAC 22.16(1), which requires Trans National to notify the Board and the Office of Consumer Advocate at least 90 days prior to the proposed date of Trans National’s discontinuance of service. The applicants stated that Trans National has been in bankruptcy since 2011 and the asset purchase transaction contemplates the assignment of Trans National’s customers to a financially-stable company.  The applicants asked that the Board waive its 90-day notice requirement to allow them to transfer Trans National’s customers at the earliest possible date.  On August 9, 2013, the Board issued an order granting the waiver request.

WRU-2013-0019-4086  TOTAL CALL MOBILE, INC. Related to its request for universal service eligible telecommunications carrier designation, Total Call on July 17, 2013, filed a request for a waiver of  Board rule199 IAC 39.2(3)”h,” which requires carriers to certify that they have the ability to maintain a minimum of two hours of back-up power to ensure functionality without an external power source.  On November 12, 2013, the Board granted the waiver request.

WRU-2013-0020-0225  (EEP-2008-0003)  BLACK HILLS/IOWA GAS UTILITY, LLC, d/b/a BLACK HILLS ENERGY On July 19, 2013, Black Hills filed a request for waiver of 199 IAC 35.6(4)"a" with respect to the budget for energy efficiency expenditures for calendar year 2012.  On November 12, 2013, the Board issued an order granting the waiver request.

WRU-2013-0021-4353  CORRECT SOLUTIONS, LLC On August 20, 2013, Correct Solutions requested a waiver of Board rules 199 IAC 22.19(3), 22.19(4), 22.5(10)"a," and 22.5(10)"f," which relate to blocking, posting, the confidential nature of operator-assisted calls, and connection to emergency services.  On September 20, 2013, the Board issued an order granting the waiver request.

WRU-2013-0022-0222 (PGA-2013-0034)  LIBERTY ENERGY (MIDSTATES) CORP. d/b/a LIBERTY UTILITIES On August 20, 2013, Liberty Midstates filed a request for a waiver of 199 IAC 19.10(2), which requires all rate-regulated natural gas utilities to file on or before August 1 each year a purchased gas adjustment (PGA) for the 12-month period beginning September 1 each year. Liberty Midstates also made the annual PGA filing on August 20, 2013.  On August 28, 2013, the Board issued an order docketing the annual PGA filing, scheduling a show cause hearing, and putting Liberty Midstates on notice that the company could be liable for civil penalties for failure to make the filing as required by Board rules.  On September 12, 2013, Board staff, the Office of Consumer Advocate, and Liberty Midstates held a technical conference to discuss issues that Liberty Midstates was having completing the annual PGA filing. On September 20, 2013, Liberty Midstates filed a revised annual PGA filing based upon the discussions with Board staff and the OCA.  On September 23, 2013, Liberty Midstates filed a pleading admitting it violated
subrule 19.10(2), withdrawing the request for waiver, and requesting the Board cancel the show cause hearing.  Liberty Midstates filed revisions to the annual PGA filing on September 30, 2013 and October 2, 2013.  On October 4, 2013, the Board issued an order accepting withdrawal of the waiver request, closing the waiver request docket, and canceling the show cause hearing.

WRU-2013-0023-3080  SOUTH CENTRAL COMMUNICATIONS, INC. On October 17, 2013, South Central filed a request for a waiver of the minimum billing period requirements of 199 IAC 22.4(3)“a.”  In support of this request, South Central stated that it was seeking to align its billing cycle with its parent company, Grand River Mutual Telephone, and an affiliate company, Lathrop Telephone Company.  On November 25, 2013, the Board issued an order granting the waiver request.

WRU-2013-0024-3860 (SPU-2013-0020)  INTERNET SOLVER, INC., AND ALLIANCE CONNECT, LLC On October 11, 2013, Internet Solver and Alliance applied for a discontinuance of service and also requested a waiver of Board rule 199 IAC 22.16(1), which requires notification to the Board and the Office of Consumer Advocate of Internet Solver’s discontinuance of service at least 90 days prior to the proposed date.  On November 8, 2013, the Board issued an order approving the discontinuance of service and granting the waiver request.

WRU-2013-0025-0225  BLACK HILLS/IOWA GAS UTILITY COMPANY, LLC d/b/a BLACK HILLS ENERGY On December 11, 2013, Black Hills requested a permanent waiver of Board rule 199 IAC 19.3(7) pertaining to the meter reading and billing interval of farm tap customers connected to transmission lines serving its communities.  The docket is pending.

WRU-2013-0026-0156 (RPU-2013-0004)  MIDAMERICAN ENERGY COMPANY On December 12, 2013, MidAmerican, related to an electric rate case filing, requested a waiver of the 90-page limitation for initial briefs contained in Board rule 199 IAC 7.23(8)“d.”  On December 13, the Board issued an order granting the waiver request.

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