Iowa Admin. Code r. 199-24.13

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 199-24.13 - Exemptions from certification application; application for amendment for certificate: Contents

(1) Application for amendment.

a. Each person or group of persons proposing a significant alteration to any facility which was constructed pursuant to a certificate issued by the board shall file an application for an amendment to a certificate in lieu of an application for a certificate.

b. Each person or group of persons proposing a significant alteration to any facility which was not constructed pursuant to a certificate issued by the board must file an application for such certificate unless:

(1) The facility has not attained full commercial rating and has not operated in excess of 80 percent of its maximum nameplate megawatt rating for ten hours daily for 45 consecutive days; and

(2) The significant alteration requires no more land than was required for the facility, is within the scope of publicly announced plans for the facility's construction, and entails no additional contracts for major components than those let for the facility.

(2) All applications for amendment to a certificate shall be filed in accordance with rule 199-24.3 (476A) and shall include:

a. A complete identification and discussion of the nature of the amendment proposed; and

b. A complete enumeration of the effects the amendment has on the accuracy of the information contained in the application for a certificate filed pursuant to rule 199-24.4 (476A).

(3) Upon board acceptance of the application in accordance with 24.13(1), the board shall establish a hearing schedule. At the board's discretion, the informational meeting and prehearing conference for this proceeding may be waived. Notice shall be in accordance with 24.6(2).

(4) In the consideration of an application for a certificate, pursuant to 24.13(1) "b," or amendment to a certificate, pursuant to 24.13(1) "a, " there shall be a rebuttable presumption that the decision criteria of 24.10(2) are satisfied.

(5) Amendment to a certificate. In determining whether an amendment to a certificate will be issued to the applicant, the board will be guided by the criteria set forth in 24.10(2) to the extent applicable and appropriate.

This rule is intended to implement Iowa Code sections I7A.3, 474.5, 476.1, and 476.2.

Iowa Admin. Code r. 199-24.13