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House Journal: Page 1708: Wednesday, April 17, 1996

46   buildings.  The board shall determine for each
47   utility, specific capacity and energy savings
48   performance standards based on the board's assessment.
49   The energy efficiency plan shall include economically
50   achievable programs designed to attain these potential

Page   4

 1   energy and capacity performance standards.
 2     c.  The board shall conduct contested case
 3   proceedings for review of energy efficiency plans and
 4   budgets filed by gas and electric utilities required
 5   to be rate-regulated under this chapter.  The board
 6   may approve, reject, or modify the plans and budgets.
 7   Notwithstanding the provisions of section 17A.19,
 8   subsection 5, in an application for judicial review of
 9   the board's decision concerning a utility's energy
10   efficiency plan or budget, the reviewing court shall
11   not order a stay.  Whenever a request to modify an
12   approved plan or budget is filed subsequently by the
13   office of consumer advocate or a gas or electric
14   utility required to be rate-regulated under this
15   chapter, the board shall promptly initiate a formal
16   proceeding if the board determines that any reasonable
17   ground exists for investigating the request.  The
18   formal proceeding may be initiated at any time by the
19   board on its own motion.  Implementation of board
20   approved plans or budgets shall be considered
21   continuous in nature and shall be subject to
22   investigation at any time by the board or the office
23   of the consumer advocate.
24     d.  Notice to customers of a contested case
25   proceeding for review of energy efficiency plans and
26   budgets shall be in a manner prescribed by the board.
27     e.  A gas or electric utility required to be rate-
28   regulated under this chapter may recover, through an
29   automatic adjustment mechanism filed pursuant to
30   subsection 11, over a period not to exceed the term of
31   the plan, the costs of an energy efficiency plan
32   approved by the board, including amounts for a plan
33   approved prior to July 1, 1996, in a contested case
34   proceeding conducted pursuant to paragraph "c".  The
35   board shall periodically conduct a contested case
36   proceeding to evaluate the reasonableness and prudence
37   of the utility's implementation of an approved energy
38   efficiency plan and budget.  If a utility is not
39   taking all reasonable actions to cost-effectively
40   implement an approved energy efficiency plan, the
41   board shall not allow the utility to recover from
42   customers costs in excess of those costs that would be
43   incurred under reasonable and prudent implementation
44   and shall not allow the utility to recover future
45   costs at a level other than what the board determines

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index Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa


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