Petition — requirements
[S13, §2120-n; C24, 27, 31, 35, 39, §8311; C46, 50, 54, 58, 62, 66, 71, 73, 75, §489.3; C77, 79, 81, §478.3] 94 Acts, ch 1136, §3; 2001 Acts, 1st Ex, ch 4, §34, 36; 2002 Acts, ch 1048, §3, 5; 2011 Acts, ch 25, §143; 2024 Acts, ch 1170, §369
1. All petitions shall set forth:
- a. The name of the individual, company, or corporation asking for the franchise.
- b. The principal office or place of business.
- c. The starting points, routes, and termini of the proposed lines, accompanied with a map or plat showing such details.
- d. A general description of the public or private lands, highways, and streams over, across, or along which any proposed line will pass.
- e. General specifications as to materials and manner of construction.
- f. The maximum voltage to be carried over each line.
- g. Whether or not the exercise of the right of eminent domain will be used and, if so, a specific reference to the lands described in paragraph “d” which are sought to be subject thereto.
- h. An allegation that the proposed construction is necessary to serve a public use.
2.
a. Petitions for transmission lines capable of operating at sixty-nine kilovolts or more and extending a distance of not less than one mile across privately owned real estate shall also set forth an allegation that the proposed construction represents a reasonable relationship to an overall plan of transmitting electricity in the public interest and substantiation of such allegations, including but not limited to, a showing of the following:
- (1) The relationship of the proposed project to present and future economic development of the area.
- (2) The relationship of the proposed project to comprehensive electric utility planning.
- (3) The relationship of the proposed project to the needs of the public presently served and future projections based on population trends.
- (4) The relationship of the proposed project to the existing electric utility system and parallel existing utility routes.
- (5) The relationship of the proposed project to any other power system planned for the future.
- (6) The possible use of alternative routes and methods of supply.
- (7) The relationship of the proposed project to the present and future land use and zoning ordinances.
- (8) The inconvenience or undue injury which may result to property owners as a result of the proposed project.
- b. The utilities commission may waive the proof required for such allegations which are not applicable to a particular proposed project.
- c. The petition shall contain an affidavit stating that informational meetings were held in each county which the proposed project will affect and the time and place of each meeting.
- 3. For the purpose of this section, the term “public” shall not be interpreted to be limited to consumers located in this state.
[S13, §2120-n; C24, 27, 31, 35, 39, §8311; C46, 50, 54, 58, 62, 66, 71, 73, 75, §489.3; C77, 79, 81, §478.3] 94 Acts, ch 1136, §3; 2001 Acts, 1st Ex, ch 4, §34, 36; 2002 Acts, ch 1048, §3, 5; 2011 Acts, ch 25, §143; 2024 Acts, ch 1170, §369
Referred to in §478.1, 478.6A, 478.31