What to know about Contested Case Hearings

Iowa Code outlines the scope of what the three IUC commissioners have the power to do and the parameters that guide their decisions in authorizing utility rates or acting on applicants’ requests to build transmission lines, power generating plants, hazardous liquid pipelines and other infrastructure, for example.

IUC contested cases often include an evidentiary hearing. Unlike local elected bodies such as city councils, school boards and county boards of supervisors, the IUC commissioners are appointed by the governor and preside over contested cases in a judicial manner, similar to a court.

The hearing process

At the beginning of the evidentiary hearing, the presiding officer, usually the Commission Chair, may explain how the hearing is expected to be conducted, set conduct guidelines, establish the daily schedule, and address any remaining procedural matters.

Witnesses and testimony

Parties will be announced and order of witnesses will be determined at the start of the hearing. The use of prefiled testimony is the standard method for providing testimony in contested cases, and the Commission will address the admission of all prefiled testimony and exhibits into the record. In most cases, new testimony is not presented at hearing.

Witnesses will be sworn in and testimony taken under oath. The petitioner or applicant calls its witnesses first. The witness does not ordinarily repeat written testimony or give new testimony, but rather is presented for cross-examination by the other parties concerning the witness's written testimony. The petitioner's attorney will have an opportunity for redirect examination — limited to clearing up or expanding on answers provided during cross-examination, but not offering new issues or topics — if questions remain. Testimony from other parties will follow the same format.

At the conclusion of all testimony, parties may be asked if they wish to file post-hearing briefs. If so, a deadline will be set for filing the briefs, and a second deadline will be announced for filing of reply briefs.

How the IUC deliberates

The presiding officer will adjourn the hearing and in the following days the Commission will review the hearing transcript and deliberate on testimony, exhibits, and filings that are part of the official record. No decisions are announced at the conclusion of the hearing.

In rendering a final decision, the Commission will apply the facts, as the Commissioners decide them, to the law, entirely free from personal interest and indifferent to public opinion. The Commissioners will issue a final decision and order in the docket.

Decision-making criteria by docket type

The IUC has jurisdiction over several types of matters, known as dockets, that have public proceedings. The IUC decision process and timeline varies by type of docket.

The IUC’s analysis in generating certificate proceedings is governed by Iowa Code § 476A.6, which says the Commission "shall" issue a generating certificate to the applicant if three criteria are found:

(1) The services and operations resulting from the construction of the facility are consistent with legislative intent as expressed in § 476.53 and the economic development policy of the state as expressed in Title I, subtitle 5, and will not be detrimental to the provision of adequate and reliable electric service;

(2) The applicant is willing to construct, maintain, and operate the facility pursuant to the provisions of the certificate and this subchapter; and

(3) The construction, maintenance, and operation of the facility will be consistent with reasonable land use and environmental policies and consonant with reasonable utilization of air, land, and water resources, considering available technology and the economics of available alternatives.

Therefore, if these three criteria are established, then § 476A.6 compels the IUC to issue the generating certificate.

Another statute applies to the GCU process regarding county action. Iowa Code § 476A.5(3) provides that county zoning authorities may appear at hearing and state whether the proposed facility meets county zoning requirements. The statute further provides that "[t]he failure of a facility to meet zoning requirements … shall not preclude the commission from issuing the certificate…."

Additionally, § 476A.8 provides that "[u]pon issuance of a certificate, notwithstanding any provision of law except statutory requirements relating to the protection of employees engaged in the construction of the facility, a regulatory agency, city, or county shall not require any further approval, permit, or license for the construction of the facility."

The Commission's primary function is determining whether the § 476A.6 criteria are established. The consequence of the issuance of the certificate is dictated by Iowa law.

When a generating certificate applicant is a rate-regulated utility, the IUC uniformly includes a statement in the final order to inform the parties and the public that granting the certificate does not mean the generating facility is needed or cost-effective, and it does not mean the rate-regulated applicant will be allowed to recover any project costs from ratepayers.

In other words, if a rate-regulated applicant requests a generating certificate for a project that was not previously approved in an advance ratemaking case, the rate-regulated applicant bears all financial risk with no guarantee or assurance that it will be entitled to recover those costs from rate-paying customers.

Electric rates are adjudicated in ratemaking proceedings, which are separate and distinct from generating certificate proceedings. Iowa Code allows a rate-regulated applicant to seek a generating certificate and a rate determination at the same time.

There is no statutory deadline for issuing a final decision in a GCU docket.

Contested case process

The IUC’s contested case process includes procedural steps that occur between the time dates are set for a scheduling conference and a hearing is held as a part of the due process afforded by the Constitution. Proceedings for hazardous liquid pipelines (HLPs) and electric franchises (E-dockets) vary, but most procedural matters are consistent.

In addition to following statute found in Iowa Code, the IUC conducts contested case proceedings in accordance with administrative rules found in 199 Iowa Administrative Code (IAC) 2506. These contested case rules require parties to submit prefiled testimony and exhibits. The IUC’s complex dockets include detailed filings, and the admission of prefiled testimony, exhibits and extensive discovery can occur up until the time of hearing.

How to follow dockets, file comments

IUC actions, utility filings, testimony, and requests by landowners or other groups to intervene in a docket are all housed and updated in the IUC's electronic filing system at efs.iowa.gov. All filings are available to view in EFS. First, you will need to create an account to access filings. If you choose "Docket Search" and enter a docket number, you will see a summary page with an option on the right side to subscribe to that docket. That will send you notifications any time there is a filing in the docket, including when orders are issued.

You can also file comments about proposed projects or rulemakings. There are three ways to submit comments:

Electronically: Go to iuc.iowa.gov and use the IUC’s “File a Comment in an Open Docket” form
By email: Send to [email protected]
By U.S. Mail: Send to Iowa Utilities Commission, 1375 E. Court Ave., Des Moines, IA 50319-0069

Please reference the docket number when you submit comments or other filings. All written comments, objections, and letters of support are a matter of public record.

For filing assistance, email [email protected] or call 515-725-7300.

Filing for intervention

Anyone having an interest in the contested case can file a petition for intervention. The Commission generally grants the request to intervene to anyone with a cognizable interest in the proceeding, but the Commission or presiding officer may limit a person’s intervention to particular issues or set conditions on the intervenor’s participation in the proceeding.

Rules for intervention are found at 199 IAC 2506.13.

Deadlines to file for intervention, and other procedural items, are provided in procedural schedules filed in the applicable docket. If you intend to petition for intervention without having legal representation, there are rules that apply. More information is available on the IUC's How Do I Appear as a Pro Se Litigant page.

Upcoming proceedings

November 17-19 - GCU-2026-0001 - CIPCO's proposed Hickory Grove Generating Station (Scott County) (167.23 KB) .pdf

December 7-10 - GCU-2026-0002 - IPL's proposed Morgan Valley Energy Center (Linn County) (181.1 KB) .pdf