1. Commencing January 1, 1977, a person shall not commence to construct a facility except as provided in section 476A.9 unless a certificate for the facility has been issued by the board. This subchapter shall not apply to persons who prior to July 1, 1976:

 a. Have acquired a site for a facility; and,
 b. Have publicly announced the intention to construct a facility; and,
 c. Have let contracts for major components of a facility.

Terms Used In Iowa Code 476A.2

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Board: means the utilities board within the utilities division of the department of commerce. See Iowa Code 476A.1
  • Certificate: means a certificate of public convenience, use and necessity issued pursuant to section 476A. See Iowa Code 476A.1
  • Commence to construct: means significant alteration of a site to install permanent equipment or structures but does not include activities incident to preliminary engineering, environmental studies or acquisition of a site for a facility. See Iowa Code 476A.1
  • Facility: means any electric power generating plant or a combination of plants at a single site, owned by any person, with a total capacity of twenty-five megawatts of electricity or more and those associated transmission lines connecting the generating plant to either a power transmission system or an interconnected primary transmission system or both. See Iowa Code 476A.1
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Operate: means to navigate or otherwise use a vessel or motorboat. See Iowa Code 462A.2
  • Operator: means a person who operates or is in actual physical control of a vessel. See Iowa Code 462A.2
  • Owner: means a person, other than a lienholder, having the property right in or title to a motorboat or vessel. See Iowa Code 462A.2
  • Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
 2. Any significant alteration, as determined by the board, in the location, construction, maintenance, or operation of a facility whether constructed before or after July 1, 1976, shall require an application for an amendment to a certificate or a certificate, whichever is appropriate. “Significant alteration” shall include but shall not be limited to a change in the type of fuel used by the major electric generating facility.
 3. Any person required to obtain a certificate or an amendment to a certificate shall construct, operate and maintain the facility according to the terms of the certificate and any amendments to the certificate. A certificate shall only be issued pursuant to this subchapter.
 4. This subchapter shall not apply to an electric power generating plant, or combination of plants at a single site, with a total capacity of more than twenty-five but less than one hundred megawatts of electricity if the owner or operator prior to January 1, 1990, has met all of the following conditions:

 a. Acquired a site for the facility.
 b. Publicly announced the intention to construct a facility at that site.
 c. Let contracts for major components of the facility.
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