CHAPTER 36
ENERGY EFFICIENCY PLANNING AND REPORTING
FOR NATURAL GAS AND ELECTRIC UTILITIES NOT REQUIRED TO BE RATE-REGULATED
199—36.1(476) Utilities not required to be rate-regulated. Each natural gas and electric utility not required to be rate-regulated shall file energy efficiency plans and reports as provided in this chapter.
[ARC 3246C, IAB 8/2/17, effective 9/6/17]
199—36.2(476) Definitions. The following words and terms, when used in this chapter, shall have the following meanings:
“Annual” means during each calendar year.
“Demand savings” means the change in the rate of energy usage measured over a period, which period shall be specified.
“Energy efficiency programs”  shall include efficiency improvements to a utility infrastructure and system and activities conducted by a utility intended to enable or encourage customers to increase the amount of heat, light, cooling, motive power, or other forms of work performed per unit of energy used. “Energy efficiency programs” also means activities which lessen the amount of heating, cooling, or other forms of work which must be performed, including but not limited to: energy studies or audits, general information, financial assistance, direct rebates to customers or vendors of energy-efficient products, research projects, direct installation by the utility of energy-efficient equipment, direct or indirect load control, and time-of-use rates, tree planting programs, educational programs, and hot water insulation distribution programs. In the case of a municipal utility, other utilities and departments of the municipal utility shall be considered customers to the same extent that such utilities and departments would be considered customers if served by an electric or natural gas utility that is not a municipal utility.
“Energy savings” means the amount of energy not used because of an energy efficiency program, measured in kilowatt-hours (kWh) of electricity, thousands of cubic feet (Mcf) of natural gas, or dekatherms (dth) of natural gas.
“Filing year” means the calendar year during which an energy efficiency plan or report is filed.
“Peak demand savings” means the change in the rate of energy use at the time of the utility’s highest annual use, measured in kilowatts (kW), thousands of cubic feet per day (Mcf/day) of natural gas, or dekatherms per day (dth/day) of natural gas.
“Year” means calendar year.
[ARC 3246C, IAB 8/2/17, effective 9/6/17]
199—36.3(476) Initial energy efficiency plan filing. Each utility not required to be rate-regulated shall offer energy efficiency programs to its customers through an energy efficiency plan. The utility shall assess the maximum potential energy and capacity savings available through cost-effective energy efficiency measures and programs; establish an energy efficiency goal; and establish cost-effective energy efficiency programs designed to meet the energy efficiency goal. Each utility’s energy efficiency plan shall include a description of the procedures or criteria used to continue current and to select future energy efficiency programs for implementation.
[ARC 3246C, IAB 8/2/17, effective 9/6/17]
199—36.4(476) Joint filing of plans. Rescinded ARC 3246C, IAB 8/2/17, effective 9/6/17.
199—36.5(476) Energy efficiency report and plan update requirements. Each utility not required to be rate-regulated shall file a biennial report containing the results of its energy efficiency programs on or before December 31 of each odd-numbered year. The utility may submit any forms or reports required by and prepared for a federal agency in lieu of this report.
	36.5(1) The report on the results of the utility’s energy efficiency programs in place during each of the two previous completed calendar years shall include:
	a. 	Total incremental annual energy and peak demand savings for all energy efficiency programs by customer class for each year;
	b. 	Total peak demand savings for any demand response programs by customer class for each year;
	c. 	Total reporting year incremental costs for all energy efficiency programs by customer class for each year;
	d. 	Total reporting year incremental costs for any demand response programs by customer for each year; and
	e. 	Other relevant information.
	36.5(2) Each utility shall document and maintain any updates or amendments to the utility’s initial energy efficiency plan including the goals and the projected results of all energy efficiency programs the utility plans to implement.
[ARC 3246C, IAB 8/2/17, effective 9/6/17]
199—36.6(476) Joint filing of initial energy efficiency plans or energy efficiency reports. A utility may file its initial energy efficiency plan or energy efficiency report jointly with other utilities not required to be rate-regulated or their agents. A joint plan or report shall contain the information required by rule 199—36.3(476) or 199—36.5(476) for each utility participating in the joint plan or report, whether jointly filed or individually filed. If a plan or report is filed jointly for several utilities by a person acting as an agent for the utilities, this information for each utility shall be separately identified. The agent shall state to the board the authority to act on behalf of the utilities.
[ARC 3246C, IAB 8/2/17, effective 9/6/17]
199—36.7(476) New Structure energy conservation standards. A utility providing natural gas or electric service shall not provide such service to any structure completed after April 1, 1984, unless the owner or builder of the structure has certified to the utility that the building conforms to the energy conservation requirements adopted under 661—Chapter 303. If this compliance is already being certified to a state or local agency, a copy of that certification shall be provided to the utility. If no state or local agency is monitoring compliance with these energy conservation standards, the owner or builder shall certify that the structure complies with the standards by signing a form provided by the utility. No certification will be required for structures that are not governed by 661—Chapter 303.
[ARC 3246C, IAB 8/2/17, effective 9/6/17]
199—36.8(476) Exterior flood lighting.
	36.8(1) Newly installed lighting. All newly installed public utility-owned exterior flood lighting shall be high-pressure sodium lighting or lighting with equivalent or better energy efficiency.
	36.8(2) In-service lighting replacement schedule. In-service lighting shall be replaced with high-pressure sodium lighting or lighting with equivalent or better energy efficiency when worn out due to ballast or fixture failure for any other reason, such as vandalism or storm damage. Each utility shall file with the board as part of its annual report required in 199—Chapter 23 a report stating progress to date in converting to high-pressure sodium lighting or lighting with equivalent or higher energy efficiency.
	36.8(3) Efficiency standards. Lighting other than high-pressure sodium has equivalent or better energy efficiency if one or more of the following can be established:
	a. 	For lamps less than 120 watts, the lumens-per-watt lamp rating is greater than 77.1, or
	b. 	For lamps between 120 and 500 watts, the lumens-per-watt lamp rating is greater than 96, or
	c. 	For lamps greater than 500 watts, the lumens-per-watt lamp rating is greater than 126, or
	d. 	The new lighting uses no more energy per installation than comparable, suitably sized high-pressure sodium lighting, or
	e. 	The new lighting consists of solid-state lighting (SSL) luminaries that have an efficacy rating equal to or greater than 66 lumens per watt according to a Department of Energy (DOE) Lighting Facts label, testing under the DOE Commercially Available LED Product Evaluation and Reporting Program (CALiPER), or any other test that follows Illuminating Engineering Society of North America LM-79-08 test procedures.
[ARC 9136B, IAB 10/6/10, effective 11/10/10]
These rules are intended to implement Iowa Code sections 476.1A(6), 476.1B(1)“l,” and 476.2(5) to 476.2(7).
[Filed 1/29/92, Notice 10/30/91—published 2/19/92, effective 3/25/92]
[Filed 10/24/03, Notices 2/5/03, 4/2/03—published 11/12/03, effective 12/17/03]
[Filed ARC 9136B (Notice ARC 8931B, IAB 7/14/10), IAB 10/6/10, effective 11/10/10]
[Filed ARC 3246C (Notice ARC 2910C, IAB 1/18/17), IAB 8/2/17, effective 9/6/17]