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Dorsey & Whitney LLP
Des Moines, United States

Founded in 1912
1,390 people in their team
English
worldwide advantageYOUR BUSINESS REQUIRES AN ADVANTAGE, AN EDGE, TO SUCCEED IN A HIGHLY COMPETITIVE WORLD.Dorsey’s lawyers and staff can help you gain that edge by applying superb legal knowledge and skills with practical wisdom and a deep understanding of your business and industry.We serve...
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About Energy Regulatory Law in Des Moines, United States

Energy Regulatory Law in Des Moines, Iowa, encompasses federal, state, and local regulations that govern the production, distribution, and consumption of energy. This field impacts utilities, energy producers, transmission companies, and end-users. In Des Moines, these laws are influenced by both Iowa Code and federal statutes administered by agencies such as the Federal Energy Regulatory Commission (FERC). Key policy areas include rates and tariffs, renewable energy standards, permitting for energy facilities, and consumer protection. The state’s utilities are primarily regulated by the Iowa Utilities Board (IUB), which sets many of the rules that apply to electric, natural gas, and some water services. Compliance with these complex regulations is critical for energy sector businesses and consumers alike.

Why You May Need a Lawyer

People and organizations often require the help of an Energy Regulatory Law attorney in Des Moines in several scenarios. Energy regulations can be complex and involve significant legal risk or financial stakes. Common situations when legal help may be needed include:

  • Ensuring a project complies with local, state, and federal permitting requirements.
  • Challenging or appealing rate hikes or other utility commission decisions.
  • Negotiating power purchase agreements or energy supply contracts.
  • Developing renewable energy projects such as wind or solar farms.
  • Intervening in public utility hearings involving service changes or expansions.
  • Resolving disputes with utility companies over billing or service interruptions.
  • Understanding regulatory obligations for startups entering the energy sector.
  • Maintaining compliance with environmental standards related to energy production or distribution.
  • Addressing issues concerning distributed generation and grid interconnection.

Local Laws Overview

In Des Moines, energy regulation is shaped by a combination of Iowa state law and federal requirements. The Iowa Utilities Board is the primary state agency overseeing utilities, including electricity and natural gas. The IUB’s responsibilities include setting utility rates, regulating service territories, and ensuring reliable service for all Iowans. Iowa has established Renewable Portfolio Standards (RPS) that require certain amounts of electricity to come from renewable sources. Local ordinances in Des Moines may address siting and permitting for energy infrastructure, such as the installation of solar panels or wind turbines, and may be more restrictive in city limits. Additionally, federal laws overseen by the FERC set guidelines for interstate transmission and wholesale electricity markets. Environmental regulations implemented by both the Iowa Department of Natural Resources and the U.S. Environmental Protection Agency also impact energy projects, especially regarding land use, emissions, and water usage.

Frequently Asked Questions

What is the Iowa Utilities Board, and what does it do?

The Iowa Utilities Board (IUB) regulates electric, natural gas, and some water utilities in Iowa. Its duties include setting rates, approving new infrastructure projects, overseeing safety standards, and handling consumer complaints involving utilities.

How do renewable energy laws affect property owners in Des Moines?

Property owners interested in installing renewable energy systems, such as solar panels or wind turbines, must comply with local zoning laws, obtain permits, and sometimes connect to the utility grid following interconnection standards set by the IUB and the local utility.

Can a business challenge a utility rate increase?

Yes, businesses and consumers can participate in public hearings or file formal complaints with the IUB if they believe a rate increase is unwarranted or unjust. An attorney can assist with the process and representation.

What federal laws impact energy regulation in Des Moines?

Federal laws, including the Federal Power Act and Public Utility Regulatory Policies Act (PURPA), play a significant role. They govern interstate energy transmission, set wholesale electricity market rules, and promote renewable energy development.

What is required to build a new energy facility in the Des Moines area?

Building a new facility typically requires zoning approvals, environmental permits, and adherence to state and federal regulations. Permitting may involve the IUB and other agencies depending on the facility type and scale.

Are there incentives for renewable energy development in Des Moines?

Yes, various state and federal incentives may be available, including tax credits, grants, or utility programs designed to support wind, solar, or other renewable energy initiatives. Eligibility and application details vary.

Who regulates energy prices in Des Moines?

The Iowa Utilities Board regulates the prices (rates) utilities can charge customers in Des Moines and throughout Iowa for electric and natural gas service. Rates are set through formal proceedings considering utility costs and customer interests.

What can I do if I believe my energy provider is acting unfairly?

Consumers can first contact their utility provider to resolve the issue. If unresolved, a formal complaint can be filed with the IUB. Legal counsel can advise and assist with this process.

How do regulations address energy project environmental impacts?

Projects must comply with environmental rules enforced by the Iowa Department of Natural Resources and, for some aspects, the U.S. Environmental Protection Agency. This may involve assessments of land use, air quality, water usage, and wildlife impacts.

Do local governments in Des Moines have a role in energy regulation?

Yes, the City of Des Moines and Polk County may have additional ordinances or permit requirements, especially regarding siting, construction, and noise. These local regulations complement state and federal rules.

Additional Resources

Individuals seeking more information about Energy Regulatory Law in Des Moines may find the following resources helpful:

  • Iowa Utilities Board - oversees public utility regulation statewide
  • Iowa Department of Natural Resources - environmental permits and compliance
  • Des Moines City Government - local ordinances and permits
  • Federal Energy Regulatory Commission (FERC) - federal electricity and natural gas regulation
  • U.S. Environmental Protection Agency (EPA) - federal environmental standards
  • Legal Aid Society of Story County - may offer referrals for low-income Iowans with utility issues
  • Iowa State Bar Association - directory of attorneys who practice energy law
  • Iowa Renewable Energy Association - support for renewables projects and education

Next Steps

If you need legal assistance or have questions about Energy Regulatory Law in Des Moines, consider the following steps:

  • Identify the specific legal issue or question you face, such as a dispute over rates or a need for permits.
  • Gather relevant documents, such as utility bills, correspondence, permit applications, or project plans.
  • Contact a qualified Energy Regulatory Law attorney based in Des Moines or Iowa. The Iowa State Bar Association can help you find lawyers with the right experience.
  • Prepare to discuss your situation in detail, providing timelines and copies of relevant paperwork.
  • Take note of any deadlines or hearing dates, and ask your attorney about your rights and obligations.
  • If appropriate, reach out to the Iowa Utilities Board or other relevant agencies for guidance or to file a complaint.
  • Review eligibility for any state or federal assistance or incentives if your matter involves renewable energy projects.

Seeking timely legal advice can help you protect your interests, ensure compliance, and resolve energy regulatory matters more effectively.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.