The following words and terms, when used in these rules, have
the meanings set forth in Iowa Code section
476.27: "crossing," "direct
expenses," "electric transmission owner," "facility," "public utility,"
"railroad" or "railroad corporation," "railroad right-of-way," and "special
circumstances."
In addition, as used in this chapter, the following
definitions apply:
"AREMA Manual" means the American Railway
Engineering and Maintenance-of-Way Association Manual for Railway
Engineering-2024, which is a source of generally accepted engineering practices
for the railway industry.
"CFR" means the Code of Federal Regulations,
which contains the general administrative rules adopted by federal departments
and agencies, in effect as of May 20, 2024, unless a separate effective date is
identified in a specific rule.
"Commission" means the Iowa utilities
commission.
"Complainant" means a person who complains
to the commission by written complaint regarding any of the issues identified
in Iowa Code section 476.27(2) or
these rules.
"Petitioner" means a person who files a
written petition with the commission seeking a determination of special
circumstances pursuant to Iowa Code section
476.27(4).
"Respondent" means a person against whom a
complaint or petition is filed.
"Small utility" means a public utility and
all affiliates of the public utility that collectively serve fewer than 20,000
customers. For purposes of this definition, a "customer" means the party
responsible for payment of the utility services. When the specification exhibit
is filed with the railroad, the small utility will certify on the specification
exhibit that it meets the definition of a small utility as contained in this
rule. The specification exhibit will also state that at such time that the
small utility no longer meets the small utility definition, it will have an
affirmative duty to so notify the railroad.
