FRANCHISE TIMELINES

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FRANCHISE TIMELINES

• Don Stursma

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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.

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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.

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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.

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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

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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.)

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Ways to expedite

• Do homework on laws and rules.
• Informational meeting notice and conduct must be
  right else its 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

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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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