1. Notwithstanding the Iowa administrative procedure Act, chapter 17A, the district court for Polk county or for the county in which a public utility maintains its principal place of business has exclusive venue for the judicial review under chapter 17A of actions of the commission pursuant to rate-regulatory powers over that public utility.
2. Upon the filing of a petition for judicial review in an action referred to in subsection 1, the clerk of the district court shall notify the chief justice of the supreme court for purposes of assignment of a district judge under section 602.1212. The judicial review proceeding shall be heard by the district judge appointed by the supreme court under section 602.1212, but in the county of venue under subsection 1.
3. Notwithstanding the Iowa administrative procedure Act, chapter 17A, if a public utility seeks judicial review of an order approving rates for the public utility, the level of rates that may be collected, under bond and subject to refund, while the appeal is pending shall be limited to the level of the temporary rates set by the commission, or the level of the final rates set by the commission, whichever is greater. During the period the judicial review proceeding is pending, the commission shall retain jurisdiction to determine the rate of interest to be paid on any refunds eventually required on rates collected during judicial review. [C66, 71, 73, 75, §490A.13; C77, 79, 81, §476.13] 83 Acts, ch 127, §29; 2003 Acts, ch 44, §114; 2024 Acts, ch 1170, §369 Referred to in §602.1212 \n
Notes of Decisions
Iowa-Illinois Gas & Elec. Co. v. Iowa State Com. Comm'n, 412 N.W.2d 600 (Iowa 1987).
· cites it 7× “Iowa Code § 476.13 (3), as the district court correctly held, does not apply to this case because petitioner’s application for a rate increase was filed before July 1, 1983 (the effective date of the statute).”
Teleconnect Co. v. Iowa State Com. Comm'n, 404 N.W.2d 158 (Iowa 1987).
· cites it 4× “Teleconnect’s petition for judicial review, challenging the emergency rules effective January 1, 1984, was filed December 30, 1983, pursuant to Iowa Code section 476.13 (1983). Teleconnect challenged the commission’s rules because the access charges set were the same for all…”
Iowa Network Servs., Inc. v. Qwest Corp., 385 F. Supp. 2d 850 (S.D. Iowa 2005).
· cites it 2× “INS also opted not to appeal the final Board decision in the Iowa state courts, see Iowa Code §§ 476.13 , 17A.19, or bring an action challenging the Board’s decision in federal court (like RU-TA).”
Iowa Network Servs., Inc. v. Qwest Corp., 363 F.3d 683 (8th Cir. 2004).
“Instead of appealing the final IUB decision to the Iowa courts, see Iowa Code §§ 476.13 , 17A.19, or bringing an action challenging the IUB’s decision in federal court pursuant to the Act, INS brought this rather ordinary collection action in federal district court.”
Iowa Pub. Serv. Co. v. Iowa State Com. Comm'n, 263 N.W.2d 766 (Iowa 1978).
“13 (now § 476.13) as follows: “Judicial review of actions of the commission may be sought in accordance with the terms of the Iowa Administrative Procedure Act.”
OCMC, Inc. v. Norris, 428 F. Supp. 2d 930 (S.D. Iowa 2006).
· cites it 5× “Under Iowa Code § 476.13 , proceedings before the Board are subject to judicial review in Iowa’s district courts.”
Off. of Consum. Advocate v. Iowa Utils. Bd., 454 N.W.2d 883 (Iowa 1990).
· cites it 2× “This issue turns on the application of Iowa Code section 476.13(3), which provides: Notwithstanding the Iowa administrative procedure Act, if a public utility seeks judicial review of an order approving rates for the public utility, the level of rates that may be collected,…”
Iowa Network Serv. v. Qwest Corp. (8th Cir. 2004).
“Instead of appealing the final IUB decision to the Iowa courts, see Iowa Code §§ 476.13 , 17A.19, or bringing an action challenging the IUB's decision in federal court pursuant to the Act, INS brought this rather ordinary collection action in federal district court.”
— Iowa Code § 476.13(1) — 1 case
— Iowa Code § 476.13(2) — 1 case
— Iowa Code § 476.13(3) — 2 cases
Iowa-Illinois Gas & Elec. Co. v. Iowa State Com. Comm'n, 412 N.W.2d 600 (Iowa 1987).
“Iowa Code § 476.13 (3), as the district court correctly held, does not apply to this case because petitioner’s application for a rate increase was filed before July 1, 1983 (the effective date of the statute).”
Off. of Consum. Advocate v. Iowa Utils. Bd., 454 N.W.2d 883 (Iowa 1990).
“This issue turns on the application of Iowa Code section 476.13(3), which provides: Notwithstanding the Iowa administrative procedure Act, if a public utility seeks judicial review of an order approving rates for the public utility, the level of rates that may be collected,…”
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