476A.6  Decision--criteria.

The board shall render a decision on the application in an expeditious manner. A certificate shall be issued to the applicant if the board finds all of the following:

1.  The services and operations resulting from the construction of the facility are required by the present or future public convenience, use and necessity.

2.  The applicant is willing to perform such services and construct, maintain, and operate the facility pursuant to the provisions of the certificate and this chapter.

3.  The construction, maintenance, and operation of the facility will cause minimum adverse land use, environmental, and aesthetic impact and are consonant with reasonable utilization of air, land and water resources for beneficial purposes considering available technology and the economics of available alternatives.

4.  The applicant, if a public utility as defined in section 476.1, has in effect a comprehensive energy management program designed to reduce peak loads and to increase efficiency of use of energy by all classes of customers of the utility, and the facility in the application is necessary notwithstanding the existence of the comprehensive energy management program. As used in this subsection, a "comprehensive energy management program" includes at a minimum the following:

a.  Establishment of load management and interruptible service programs, where cost effective.

b.  Development of wheeling agreements and other energy sharing agreements, where cost effective with utilities that have available capacity.

c.  Establishment of cost-effective energy efficiency and renewable energy services and programs.

d.  Compliance with board rules on energy management procedures.

5.  The applicant, if a public utility as defined in section 476.1, shall demonstrate to the board that the utility has considered sources for long-term electric supply from either purchase of electricity or investment in facilities owned by other persons.

6.  The applicant, if a public utility as defined in section 476.1, has considered all feasible alternatives to the proposed facility including nongeneration alternatives; has ranked those alternatives by cost; has implemented the least- cost alternatives first; and the facility in the application is necessary notwithstanding the implementation of these alternatives.

Section History: Early form

  [C77, 79, 81, § 476A.6]

Section History: Recent form

  83 Acts, ch 127, § 39; 90 Acts, ch 1252, §43-46

Internal References

  Referred to in § 476A.1


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