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FRANCHISE TIMELINES

FRANCHISE TIMELINES. Don Stursma. What Does IUB Staff Do with Petitions?. Review content for errors, omissions, engineering, and if legal requirements met. Inspect route (Required by Iowa Code 478.4) Prepare/send deficiency letter

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FRANCHISE TIMELINES

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  1. FRANCHISE TIMELINES Don Stursma

  2. What Does IUB Staff Do with Petitions? • Review content for errors, omissions, engineering, and if legal requirements met. • Inspect route (Required by Iowa Code 478.4) • Prepare/send deficiency letter • Review response, address any new or remaining deficiencies, until petition is in order. • If petition uncontested (no objections) and no ED, send notice for publication. • If contested of ED, prepare staff report, arrange assignment to ALJ or Board for hearing, prepare notices.

  3. Then - • In uncontested cases, franchise can issue 20 days from second publication of notice if no objections. • In contested cases, hearing is required. Franchise (if granted) will issue following hearing. After assignment, time is out of Engineering staff hands.

  4. How Long Does It TakePetition filing to new/amend franchise issuance 2004-2008Includes both staff and petitioner response time • Shortest – 56 days • 10% Less than 79 days • 20% Less than 98 days • 30% Less than 111 days • 40% Less than 118 days • 50% Less than 132 days (median) • 60% Less than 152 days • 70% Less than 176 days (6 months) • 80% Less than 247 days • 90% Less than 337 days • Longest – 545 days including appeals.

  5. Why did some take longer? • IUB action on hold at petitioner request while petitioner pursued ROW or easement issues • IUB action on hold at petitioner request while petitioner pursued withdrawal of objections • Hearing continued at petitioner request • Significant route change late in review process by petitioner • Petitioner gets TCP – not heard from again for months • Problems with publication of notice • Too many contact persons – communication confusion (too many cooks) • “Corrections” that introduce new errors • Numerous objections and/or eminent domain parcels • Unusual or complicated issues • Holiday/winter filings

  6. New Errors • Amendments/corrections that introduce discrepancies with other parts of the filing or with related dockets. • “Corrections” that do not include previous corrections. • “Corrections” that include re-filing of documents that did not need correction. • “Corrections” with missing pages/paragraphs/lines. (The word processor ate my homework.)

  7. Ways to expedite • Do homework on laws and rules. • Informational meeting notice and conduct must be right – else it’s a do-over. • Insure changes/corrections do not introduce new problems. • IUB can review drafts of future filings between IM and petition filing. • File petition, but hold off filing Exhibit E specifics until need for ED is known. • If confident voluntary easements can be obtained, proceed w/o all easements. (Do not need 100% of ROW to get franchise.) • Timely response to IUB letters and questions. • Hearing/filing published/mailed notice correct

  8. Why are details important? • Contested cases must establish sound evidentiary record. • Any case could become a contested case at any time. • Uncontested cases must still create record that provides legal support for granting a franchise. (Justification, location, safety, law requires, etc. - Give us something to work with here.)

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