House Journal: Page 1020: Monday, April 2, 2001
18 of energy efficient appliances. The plans shall
19 include programs for qualified low-income persons
20 including a cooperative program with any community
21 action agency within the utility's service area to
22 implement countywide or communitywide energy
23 efficiency programs for qualified low-income persons,
24 and shall also include a small business energy
25 assistance program to be developed by the energy
26 commission. Rate-regulated gas and electric utilities
27 shall utilize Iowa agencies and Iowa contractors to
28 the maximum extent cost-effective in their energy
29 efficiency plans filed with the board.
30 b. A gas and electric utility required to be rate-
31 regulated under this chapter shall assess potential
32 energy and capacity savings available from actual and
33 projected customer usage by applying commercially
34 available technology and improved operating practices
35 to energy-using equipment and buildings. The utility
36 shall submit the assessment to the board. Upon
37 receipt of the assessment, the board shall consult
38 with the energy bureau of the division of energy and
39 geological resources of the department of natural
40 resources to develop specific capacity and energy
41 savings performance standards for each utility. The
42 utility shall submit an energy efficiency plan which
43 that shall include economically achievable programs
44 designed to attain these energy and capacity
45 performance standards.
46 The utilities shall make energy audits available to
47 all customers. Priority may be given to customers
48 with greater energy use, but the service shall not be
49 denied on the basis that the consumer purchases only a
50 selected product or products from the utility.
Page 3
1 c. The board shall conduct contested case
2 proceedings for review of energy efficiency plans and
3 budgets filed by gas and electric utilities required
4 to be rate-regulated under this chapter. The board
5 may approve, reject, or modify the plans and budgets.
6 Notwithstanding the provisions of section 17A.19,
7 subsection 5, in an application for judicial review of
8 the board's decision concerning a utility's energy
9 efficiency plan or budget, the reviewing court shall
10 not order a stay. Whenever a request to modify an
11 approved plan or budget is filed subsequently by the
12 office of consumer advocate or a gas or electric
13 utility required to be rate-regulated under this
14 chapter, the board shall promptly initiate a formal
15 proceeding if the board determines that any reasonable
16 ground exists for investigating the request. The

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