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House Journal: Page 1021: Monday, April 2, 2001

17 formal proceeding may be initiated at any time by the
18 board on its own motion. Implementation of board-
19 approved plans or budgets shall be considered
20 continuous in nature and shall be subject to
21 investigation at any time by the board or the office
22 of the consumer advocate.
23 d. Notice to customers of a contested case
24 proceeding for review of energy efficiency plans and
25 budgets shall be in a manner prescribed by the board.
26 e. A gas or electric utility required to be rate-
27 regulated under this chapter may recover, through an
28 automatic adjustment mechanism filed pursuant to
29 subsection 11, over a period not to exceed the term of
30 the plan, the costs of an energy efficiency plan
31 approved by the board, including amounts for a plan
32 approved prior to July 1, 1996, in a contested case
33 proceeding conducted pursuant to paragraph "c". The
34 board shall periodically conduct a contested case
35 proceeding to evaluate the reasonableness and prudence
36 of the utility's implementation of an approved energy
37 efficiency plan and budget. If a utility is not
38 taking all reasonable actions to cost-effectively
39 implement an approved energy efficiency plan, the
40 board shall not allow the utility to recover from
41 customers costs in excess of those costs that would be
42 incurred under reasonable and prudent implementation
43 and shall not allow the utility to recover future
44 costs at a level other than what the board determines
45 to be reasonable and prudent. If the result of a
46 contested case proceeding is a judgment against a
47 utility, that utility's future level of cost recovery
48 shall be reduced by the amount by which the programs
49 were found to be imprudently conducted. The utility
50 shall not represent energy efficiency in customer

Page 4

1 billings as a separate cost or expense unless the
2 board otherwise approves.
3 f. A rate-regulated utility required to submit an
4 energy efficiency plan under this subsection shall,
5 upon the request of the energy commission, or upon the
6 direct request of a state agency or political
7 subdivision to which it the utility provides service,
8 provide advice and assistance to a state agency or
9 political subdivision regarding measures which that
10 the state agency or political subdivision might take
11 in achieving improved energy efficiency results. The
12 cooperation shall include assistance in accessing
13 financial assistance for energy efficiency measures.
14 Sec. . Section 476.44, subsection 2, Code 2001,
15 is amended to read as follows:


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