Public information. Any
interested person may examine all public records of the board by written
request or in person at the board offices. Public records may be examined at
the board office only during regular business hours, Monday through Friday from
8 a.m. to 4:30 p.m., excluding legal holidays. Public records in docketed
matters may be examined at any time using the board's electronic filing system.
Unless otherwise provided by law, all public records, other than confidential
records, maintained by the board shall be made available for public
"Confidential records. " Records not available
for public inspection under state law.
"Personally identifiable information. "
Information about or pertaining to an individual, specifically including the
following unique identifiers when combined with an individual's name: social
security number or a financial account number (checking, savings, or share
account number or credit, debit, or charge card number). "Personally
identifiable information" does not include information pertaining to
"Public records. " Records of or belonging to
the board which are necessary to the discharge of its duties.
Inspection of records.
Rescinded IAB9121111, effective 11/1/17.
Board records routinely available
for public inspection. Rescinded IAB 9/27/17, effective
routinely available for public inspection.
The following records are
not routinely available for public inspection. The records are listed in this
subrule by category, according to the statutory basis for withholding them from
Materials that are
specifically exempted from disclosure by statute and which the board may in its
discretion withhold from public inspection.
Any person may request
permission to inspect particular records withheld from inspection under this
subrule. At the time of the request, the board will notify all interested
parties. If the request is to review materials under subparagraphs
the board will
withhold the materials from public inspection for 14 days to allow the party
who submitted the materials an opportunity to seek injunctive relief. Records
the board is authorized to withhold from public inspection under Iowa law in
its discretion include, but are not limited to, the following:
(1) Trade secrets recognized and protected as
such by law. Iowa Code section
(2) Records that represent and constitute the
work product of an attorney, which are related to litigation or claim made by
or against a public body. Iowa Code section
(3) Reports made to the board which, if
released, would give advantage to competitors and serve no public purpose. Iowa
(4) Personal information in confidential
personnel records of the board. Iowa Code section
Communications not required by law, rule,
or procedure that are made to a government body or to any of its employees by
identified persons outside of government, to the extent that the government
body receiving those communications could reasonably believe that those persons
would be discouraged from making them to the government body if they were
available for general public examination. Notwithstanding this provision:
1. The communication is a public record to
the extent the person outside of government making that communication consents
to its treatment as a public record.
2. Information contained in the communication
is a public record to the extent it can be disclosed without directly or
indirectly indicating the identity of the person outside of government making
it or enabling others to ascertain the identity of that person.
3. Information contained in the communication
is a public record to the extent it indicates the date, time, specific
location, and immediate facts and circumstances surrounding the occurrence of a
crime or other illegal act, except to the extent its disclosure would plainly
and seriously jeopardize a continuing investigation or pose a clear and present
danger to the safety of any person. In any action challenging the failure of
the lawful custodian to disclose any particular information of the kind
enumerated in this paragraph, the burden of proof is on the lawful custodian to
demonstrate the disclosure of that information would jeopardize such an
investigation or would pose such a clear and present danger. Iowa Code section
(6) Materials exempted from public
inspection under any other provisions of law.
Materials that are specifically
exempted from disclosure by statute and which the board is prohibited from
making available for public inspection.
The board is required to
withhold the following materials from public inspection:
(1) Tax records submitted to the board and
required by it in the execution of its duties shall be held confidential. Iowa
Materials exempted pursuant to
requests deemed granted by the board.
Requests to withhold from public
inspection the materials and information listed in the subparagraphs below are
deemed granted by the board pursuant to Iowa Code section
or both sections, provided that the confidential portions of the filings are
identified as confidential and filed as provided in
(17A,476) and an attorney for the company or corporate officer avers that the
material or information satisfies the requirements in Iowa Code section
or both sections. The material or information filed pursuant to this paragraph
will be deemed confidential upon the filer's receipt of a notice of electronic
filing without further review or acknowledgement by the board, and the material
or information shall be withheld from public inspection subject to the
provisions of subparagraph 1.9(8)"b
(1) Negotiated transportation rates and
prices for natural gas supply.
Reservation charges for portfolio gas supply contracts.
(3) Terms and prices for all hedging
activity, including financial hedges and weather-related information.
(4) Sales data by individual natural gas
(5) Natural gas purchase
volumes by individual receipt point, by pipeline.
(6) Specific gas costs included in interstate
pipeline contracts and contracted volume quantities, invoices, commodity
contracts, and individual commodity purchases and invoices.
(7) Design day forecasting model reserve
margin calculations for natural gas service.
(8) Negotiated purchase prices for electric
power, fuel, and transportation.
(9) Electric customer-specific
(10) Power supply
bills in support of energy adjustment clause filings.
(11) Network improvement and maintenance
plans and related extensions and progress reports filed with the board pursuant
to 199-subrule 39.7(3).
Wireless coverage area maps depicting signal strength filed with the board
pursuant to 199-paragraph 39.3(2)"g "
(13) Revenue recovery amounts and loop or
line count data filed with the board pursuant to 199-subrule 39.7(2).
(14) Financial reports and loop or line count
data included in rate floor data filed with the board pursuant to 199-subrule
(15) Loop or line count
data included in rate floor data updates filed with the board pursuant to
financial records filed by applicants for certificates of convenience and
necessity to provide competitive local exchange service.
(17) The financial records, number of
customers, and volumes filed by competitive natural gas providers in each
company's annual report. The aggregate total sales volume is not granted
confidential treatment by this subparagraph.
(18) The financial information regarding
affiliate transactions required for rate-regulated utilities. This information
is subject to staff and legal review to ensure the information protected is
similar to other information included in this subparagraph.
that materials or information submitted to the board be withheld from public
Any person submitting information or materials to the
board may submit a request that part or all of the information or materials not
be made available for public inspection pursuant to the following requirements.
In addition, parties are required to redact protected information as defined in
IowaR. Elec. P. 16.602 and 16.603.
Procedure. The materials to which the request applies shall be
physically separated from any materials to which the request does not apply.
The request shall be attached to the materials to which it applies. Each page
of the materials to which the request applies shall be clearly marked
request. Each request shall contain a statement of the legal basis for
withholding the materials from inspection and the facts to support the legal
basis relied upon. The facts underlying the legal basis shall be supported by
affidavit executed by a corporate officer (or by an individual, if not a
business entity) with personal knowledge of the specific facts. If the request
is that the materials be withheld from inspection for a limited period of time,
the period shall be specified.
Compliance. If a request complies with the requirements of
paragraphs"a" and"b " of this subrule, the
materials will be temporarily withheld from public inspection. The board will
examine the information to determine whether the information should be afforded
confidentiality. If the request is granted, the ruling will be placed in a
public file in lieu of the materials withheld from public inspection.
Request denied. If a
request for confidentiality is denied, the information will be held
confidential for 14 days to allow the applicant an opportunity to seek
injunctive relief. After the 14 days expire, the materials will be available
for public inspection, unless the board is directed by a court to keep the
Procedures for the physical
inspection of board records which are routinely available for public
The records in question must be reasonably described by
the person requesting them to permit their location by staff personnel. Members
of the public will not be given access to the area in which records are kept
and will not be permitted to search the files.
Advance requests to have records available on a certain date
may be made by telephone or by correspondence.
Search fees. An hourly
fee may be charged for searching for requested records. The fee will be based
upon the pay scale of the employee who makes the search. No search fee will be
charged if the records are not located, the records are not made available for
inspection, or the search does not exceed one-quarter hour in
request. Written requests should list the telephone number (if any) of
the person making the request, and for each document requested should set out
all available information which would assist in identifying and locating the
document. The request should also set out the maximum search fee the person
making the request is prepared to pay. If the maximum search fee is reached
before all of the requested documents have been located and copied, the
requesting person will be notified. When the requesting person requests that
the board mail copies of the materials, postage and handling expenses should
also be included.
Procedure for written request. The records will be produced
for inspection at the earliest possible date following a request. Records
should be inspected within seven days after notice is given that the records
have been located and are available for inspection. After seven days, the
records will be returned to storage and additional charges may be imposed for
having to produce them again.
Copies. Copies of public records may be made in the board's
records and information center and the charge shall be the actual copying cost.
for the inspection of board records which are not routinely available for
Any person desiring to inspect board records which
are not routinely available for public inspection shall file a request for
inspection meeting the requirements of this subrule.
Content of request. The
records must be reasonably described by the person requesting them, so as to
permit their location by staff personnel. Requests shall be directed to the
executive secretary of the board.
inspection shall be acted upon as follows:
If the board is prohibited from disclosing the records, the request for
inspection will be denied with a statement setting forth the specific grounds
(2) If the board is
prohibited from disclosing part of a document from inspection, that part will
be redacted and the remainder will be made available for inspection.
(3) In the case of requests to inspect
records not routinely available for public inspection under
1.9(5)"a"(l), 1.9(5)"a "(3), and
1.9(5)"c, " the board will notify all interested parties of
the request to view the materials. The board will withhold the materials from
public inspection for 14 days to allow the party who submitted the materials an
opportunity to seek injunctive relief. If injunctive relief is not requested
within this period, the records will be produced for inspection. Requests to
review materials not routinely available for public inspection under any other
category of paragraph 1.9(5) "a" will be acted upon by the board. If the
request is granted by the board, or is partially granted and partially denied,
the person who submitted the records to the board will be afforded 14 days from
the date of the written ruling in which to seek injunctive relief. If
injunctive relief is not requested within this period, the records will be
produced for inspection.
Procedures by which the subject
of a confidential record may have a copy released to a named third
Upon a request which complies with the following procedures,
the board will disclose a confidential record to its subject or to a named
third party designated by the subject. Positive identification is required of
all individuals making such a request.
Subjects of a confidential record who
request that information be given to a named third party will be asked for
positive means of identification. If an individual cannot provide suitable
identification, the request will be denied.
Subjects of a confidential record who request that information
be given to a named third party will be asked to sign a release form before the
records are disclosed.
All requests by a subject of a confidential
board record for release of the information to a named third party sent by mail
shall be signed by the requester and shall include the requester's current
address and telephone number (if any). If positive identification cannot be
made on the basis of the information submitted along with the information
contained in the record, the request will be denied.
Subjects of a confidential record who request by mail that
information be given to a named third party will be asked to sign a release
form before the records are disclosed.
Denial of access to the
record. If positive identification cannot be made on the basis of the
information submitted, and if data in the record is so sensitive that
unauthorized access could cause harm or embarrassment to the individual to whom
the record pertains, the board may deny access to the record pending the
production of additional evidence of identity.
Procedure by which the subject
of a board record may have additions, dissents or objections entered into the
An individual may request an addition, dissent or an objection
be entered into a board record which contains personally identifiable data
pertaining to that individual. The request shall be acted on within a
The request must be in writing and addressed to the executive
secretary of the board. The request should contain the following information:
(1) A reasonable description of the pertinent
(2) Verification of
(3) The requested
addition, dissent or objection.
The reason for the requested addition, dissent or objection to the
Denial of request. If the request is denied, the requester
will be notified in writing of the refusal and will be advised that the
requester may seek board review of the denial within ten working days after
issuance of the denial.
Advice and assistance.
Individuals who have questions regarding the procedures contained in these
rules may contact the executive secretary of the board at the following
address: Iowa Utilities Board, 1375 E. Court Avenue, Room 69, Des Moines, Iowa
processing system. As required by Iowa Code section
"g, " the board does not currently have a
data processing system which matches, collates, or permits the comparison of
personally identifiable information in one record system with personally
identifiable information on another record system.