House Amendment 8274


PAG LIN

     1  1    Amend House File 2399 as follows:
     1  2 #1.  Page 1, before line 1 by inserting:
     1  3    <Sec. ___.  Section 476.6, Code Supplement 2009, is
     1  4 amended by adding the following new subsection:
     1  5    NEW SUBSECTION.  22.  a.  It is the intent of the
     1  6 general assembly to require certain rate=regulated
     1  7 public utilities to undertake analyses of and
     1  8 preparations for the possible construction of nuclear
     1  9 generating facilities in this state that would be
     1 10 beneficial in a carbon=constrained environment.
     1 11    b.  A rate=regulated electric utility that was
     1 12 subject to a revenue sharing settlement agreement with
     1 13 regard to its electric base rates as of January 1,
     1 14 2010, shall recover, through a rider and pursuant to a
     1 15 tariff filing made on or after the effective date of
     1 16 this Act and through December 31, 2013, the reasonable
     1 17 and prudent costs of its analyses of and preparations
     1 18 for the possible construction of facilities of the type
     1 19 referenced in paragraph "a". Cost recovery shall be
     1 20 accomplished by instituting a revenue increase applied
     1 21 in the same percentage amount to each customer class
     1 22 and not designed to recover, on an annual basis, more
     1 23 than five=tenths percent of the electric utility's
     1 24 calendar year 2009 revenues attributable to billed base
     1 25 rates in this state.  At the conclusion of the cost
     1 26 recovery period, the board shall conduct a contested
     1 27 case proceeding pursuant to chapter 17A to evaluate the
     1 28 reasonableness and prudence of the cost recovery.  The
     1 29 utility shall file such information with the board as
     1 30 the board deems appropriate, including the filing of an
     1 31 annual report identifying and explaining expenditures
     1 32 identified in the rider as items for cost recovery,
     1 33 and any other information required by the board.  If
     1 34 the board determines that the utility has imprudently
     1 35 incurred costs, or has incurred costs that are less
     1 36 than the amount recovered, the board shall order
     1 37 the utility to modify the rider to adjust the amount
     1 38 recoverable.
     1 39    c.  Costs that may be recovered through the rider
     1 40 described in paragraph "b" shall be consistent with
     1 41 the United States nuclear regulatory guide, section
     1 42 4.7, general site suitability criteria for nuclear
     1 43 power stations, revision two, April 1998, including
     1 44 costs related to the study and use of sites for nuclear
     1 45 generation.>
     1 46 #2.  Page 1, line 8, after <state.> by inserting
     1 47 <It is also the intent of the general assembly
     1 48 to encourage rate=regulated public utilities to
     1 49 consider altering existing electric generating
     1 50 facilities, where reasonable, to manage carbon emission
     2  1 intensity in order to facilitate the transition to a
     2  2 carbon=constrained environment.>
     2  3 #3.  By striking page 1, line 25, through page 2,
     2  4 line 2, and inserting:
     2  5    <4. 3.  a.  The board shall specify in advance, by
     2  6 order issued after a contested case proceeding, the
     2  7 ratemaking principles that will apply when the costs
     2  8 of the electric power generating facility, the costs
     2  9 of significant alteration of the generating facility
     2 10 as defined in section 476A.2, subsection 2, and any
     2 11 related emissions control or storage facilities, or
     2 12 the costs of the alternate energy production facility,
     2 13 cogeneration pilot project facility, or energy sales
     2 14 agreement are included in regulated electric rates
     2 15 whenever a rate=regulated public utility does any of
     2 16 the following:
     2 17    (1)  Files an application pursuant to section 476A.3
     2 18 to construct in Iowa a baseload electric generating
     2 19 facility, or to significantly alter an existing
     2 20 generating facility, with a nameplate generating
     2 21 capacity equal to or greater than three hundred
     2 22 megawatts or a combined=cycle electric power generating
     2 23 facility, or an alternative energy production facility
     2 24 as defined in section 476.42.  For purposes of this
     2 25 subparagraph, a significant alteration of an existing
     2 26 generating facility must, in order to qualify for
     2 27 establishment of ratemaking principles, fall into one
     2 28 of the following categories:
     2 29    (a)  Conversion of a coal fueled facility into a gas
     2 30 fueled facility.
     2 31    (b)  Addition of carbon capture and storage
     2 32 facilities at a coal fueled facility.
     2 33    (c)  Addition of gas fueled capability to a coal
     2 34 fueled facility, in order to convert the facility
     2 35 to one that will rely primarily on gas for future
     2 36 generation.
     2 37    (d)  Addition of a biomass fueled capability to a
     2 38 coal fueled facility.
     2 39    With respect to a significant alteration of an
     2 40 existing generating facility, an original facility
     2 41 shall not be required to be either a baseload or
     2 42 a combined=cycle facility.  Only the incremental
     2 43 investment undertaken by a utility under subparagraph
     2 44 divisions (a), (b), (c), or (d) shall be eligible to
     2 45 apply the ratemaking principles established by the
     2 46 order issued pursuant to paragraph "e".  Facilities
     2 47 for which advanced ratemaking principles are obtained
     2 48 pursuant to this section shall not be subject to a
     2 49 subsequent board review pursuant to section 476.6,
     2 50 subsection 21 to the extent that the investment has
     3  1 been considered by the board under this section.  To
     3  2 the extent an eligible utility has been authorized to
     3  3 make capital investments subject to section 476.6,
     3  4 subsection 21, such investments shall not be eligible
     3  5 for ratemaking principles pursuant to this section.>
     3  6 #4.  Page 4, after line 33 by inserting:
     3  7    <Sec. ___.  EFFECTIVE UPON ENACTMENT.  This Act,
     3  8 being deemed of immediate importance, takes effect upon
     3  9 enactment.>
     3 10 #5.  Title page, by striking lines 1 through 2 and
     3 11 inserting <An Act requiring certain rate=regulated
     3 12 public utilities to undertake analyses of and
     3 13 preparation for the possible construction of low carbon
     3 14 emitting nuclear generating facilities in this state,
     3 15 and including effective date provisions.>


                                        
          REICHERT of Muscatine


                                        
          D. OLSON of Boone


                                        
          QUIRK of Chickasaw


                                        
          SODERBERG of Plymouth


                                        
          WAGNER of Linn
          HF2399.1418 (4) 83
          rn/sc

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