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House Amendment 1415

Amendment Text

PAG LIN
  1  1    Amend the amendment, H-1398, to House File 577, as
  1  2 follows:
  1  3    #1.  By striking page 1, line 1, through page 2,
  1  4 line 6, and inserting the following:
  1  5    "Amend House File 577 as follows:
  1  6    #   .  Page 1, line 10, by striking the word
  1  7 "subsections" and inserting the following:
  1  8 "subsection".
  1  9    #   .  By striking page 1, line 11, through page 2,
  1 10 line 30.
  1 11    #   .  Page 4, by inserting after line 35, the
  1 12 following:
  1 13    "Sec.    .  Section 476.8, Code 2001, is amended to
  1 14 read as follows:
  1 15    476.8  UTILITY CHARGES AND SERVICE.
  1 16    1.  Every public utility is required to furnish
  1 17 reasonably adequate service and facilities.
  1 18    a.  "Reasonably adequate service and facilities"
  1 19 for public utilities furnishing gas or electricity
  1 20 includes programs for customers to encourage the use
  1 21 of energy efficiency and renewable energy sources.
  1 22    b.  The charge made by any public utility for any
  1 23 heat, light, gas, energy efficiency and renewable
  1 24 energy programs, water or power produced, transmitted,
  1 25 delivered or furnished, or communications services, or
  1 26 for any service rendered or to be rendered in
  1 27 connection therewith with such service shall be
  1 28 reasonable and just, and every unjust or unreasonable
  1 29 charge for such service is prohibited and declared
  1 30 unlawful.  In determining reasonable and just rates,
  1 31 the board shall consider all factors relating to value
  1 32 and shall not be bound by rate base decisions or
  1 33 rulings made prior to the adoption of this chapter.
  1 34    2.  The board shall have the authority to order a
  1 35 rate-regulated public utility to construct an electric
  1 36 generating facility, transmission facility, or both,
  1 37 as necessary to ensure continued electric reliability,
  1 38 and to maintain reasonably adequate, reliable, safe,
  1 39 and cost-efficient electric service to Iowa consumers.
  1 40 The prudent and reasonable costs incurred to construct
  1 41 and operate such generating facility or transmission
  1 42 facility shall be included in the determination of the
  1 43 rates of the rate-regulated public utility.
  1 44    3.  The board, in determining the value of
  1 45 materials or services to be included in valuations or
  1 46 costs of operations for rate-making purposes, may
  1 47 disallow any unreasonable profit made in the sale of
  1 48 materials to or services supplied for any public
  1 49 utility by any firm or corporation owned or controlled
  1 50 directly or indirectly by such utility or any
  2  1 affiliate, subsidiary, parent company, associate or
  2  2 any corporation whose controlling stockholders are
  2  3 also controlling stockholders of such utility.  The
  2  4 burden of proof shall be on the public utility to
  2  5 prove that no unreasonable profit is made.
  2  6    4.  The continued availability of reliable and
  2  7 affordable electricity is critical to sustaining
  2  8 existing levels of economic activity, providing for
  2  9 future economic growth, and ensuring the education,
  2 10 health, safety, and quality of life of individual
  2 11 Iowans.  Therefore, the general assembly finds and
  2 12 declares that the public interest requires that the
  2 13 board take such action as is necessary to cause the
  2 14 construction of additional baseload electricity
  2 15 generating capacity and necessary transmission
  2 16 facilities in Iowa.
  2 17    a.  Each rate-regulated public utility shall submit
  2 18 a plan to the board by April 1, 2002, to construct one
  2 19 or more large baseload electricity generating
  2 20 facilities in Iowa, as quickly as is practicable.
  2 21    b.  The board shall, after a contested case
  2 22 proceeding, either approve the plan as submitted, or
  2 23 approve the plan with such modifications as the board
  2 24 deems necessary to carry out the purposes of this
  2 25 subsection."
  2 26    #   .  By striking page 5, line 4 through page 6,
  2 27 line 21 and inserting the following:
  2 28    "1.  A rate-regulated electric public utility shall
  2 29 have installed electric generating capacity, adjusted
  2 30 for purchases and sales, not less than its maximum
  2 31 integrated hour demand for the year plus a reserve of
  2 32 not less than fifteen percent of such demand.  The
  2 33 installed electric generating capacity shall include
  2 34 not more than ten percent firm power purchased from
  2 35 fossil-fueled or nuclear generation sources pursuant
  2 36 to contracts executed, amended, or extended after
  2 37 January 1, 2001, unless otherwise approved by the
  2 38 board as necessary to assure adequate electric
  2 39 generating capacity.  The prudent and reasonable costs
  2 40 incurred to construct, operate, and maintain electric
  2 41 generating and transmission facilities shall be
  2 42 included in the determination of the rates of the
  2 43 rate-regulated electric public utility.
  2 44    2.  The board may approve a surcharge to retail
  2 45 customers for the cost of capital being invested in
  2 46 the electric power generating facility during the
  2 47 period of construction, if the board finds that it is
  2 48 in the public interest to provide an incentive to
  2 49 ensure the construction of a new electric power
  2 50 generating facility in Iowa.
  3  1    3.  If retail rates for electric generation service
  3  2 provided by rate-regulated electric utilities are
  3  3 deregulated pursuant to Iowa or federal law, the board
  3  4 shall determine the difference, if any, between the
  3  5 market value and the book value of all of the
  3  6 generation assets owned by a rate-regulated electric
  3  7 utility.  The board shall approve a charge to be paid
  3  8 by the utility's retail customers over a reasonable
  3  9 period to permit the utility to collect from such
  3 10 customers the excess, if any, of the book value over
  3 11 the market value of those generation assets.  The
  3 12 board shall approve a credit to be paid by the utility
  3 13 to its retail customers over a reasonable period to
  3 14 permit such customers to recover the excess, if any,
  3 15 of the market value over the book value of those
  3 16 generations assets.
  3 17    4.  The board shall report to the general assembly
  3 18 by January 21, 2002, and biennially thereafter, on the
  3 19 adequacy, reliability, and development of electric
  3 20 generating and transmission facilities in the state.
  3 21 The report may include recommendations for actions by
  3 22 the general assembly to assure the adequacy and
  3 23 reliability of electric generating and transmission
  3 24 facilities throughout the state."
  3 25    #   .  Title page, lines 3 and 4, by striking the
  3 26 words "approval of power purchase contracts" and
  3 27 inserting the following:  "providing authority for the
  3 28 utilities board to order the construction of a
  3 29 generating or transmission facility".
  3 30    #   .  By renumbering, redesignating, and
  3 31 correcting internal references as necessary." 
  3 32 
  3 33 
  3 34                               
  3 35 CHIODO of Polk
  3 36 HF 577.725 79
  3 37 jj/cls
     

Text: H01414                            Text: H01416
Text: H01400 - H01499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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