Iowa Admin. Code r. 199-24.10

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 199-24.10 - Certification decision

(1)Issuance of decision. Upon the close of the record in the proceeding, the commission shall expeditiously render a written decision with complete determinations as to the facility siting criteria or portion thereof under consideration, other necessary findings of fact or conclusions of law necessary to support the commission's decision.

(2)Facility siting criteria. In rendering its certification decision, the commission shall consider the following criteria:

a. Whether the service and operations resulting from the construction of the facility are consistent with the legislative intent as expressed in Iowa Code section 476.53 and the economic development policy of the state as expressed in Iowa Code Title I, Subtitle 5, and will not be detrimental to the provision of adequate and reliable electric service. Such determination shall include whether the existing transmission network has the capability to reliably support the proposed additional generation interconnection to the network.

b. Whether the construction, maintenance, and operation of the proposed facility will be consistent with reasonable land use and environmental policies, and consonant with reasonable utilization of air, land, and water resources, considering available technology and the economics of available alternatives. Such determination shall include:

(1) Whether all adverse impacts attendant the construction, maintenance and operation of the facility have been reduced to a reasonably acceptable level;

(2) Whether the proposed site represents a reasonable choice among available alternatives;

(3) Whether the proposed facility complies with applicable city, county or airport zoning requirements and, if not, whether the location of the proposed facility at the proposed site is reasonably justified from an economic, technical, and social standpoint.

c. Whether the applicant is willing to construct, maintain, and operate the facility pursuant to the provisions of the certificate and the Act.

d. Whether the proposed facility meets the permit and licensing requirements of regulatory agencies.

e. Requirement for good engineering practice. The applicant shall use the applicable provisions in the publications listed below as standards of accepted good practice unless otherwise ordered by the commission:

(1) Iowa Electrical Safety Code, as defined in 199-Chapter 25.

(2) National Electrical Code, as defined in 199-Chapter 25.

(3) Power Piping-ANSI standard B31.1-2004.

(3)Amendment. If the commission finds that the application and record in the proceeding does not support affirmative findings with regard to these criteria, the commission will, in its order, specify any deficiencies determined to exist. The applicant shall have 30 days from the notification of the deficiencies to amend or, for good cause, to request a reasonable extension of time to amend the application or to request reopening of the record to correct the deficiencies, or both.

(4)Denial. In the event the applicant fails to amend in a timely fashion, or after amendment or reopening the record, or both, the commission is still unable to make an affirmative finding, the commission will deny the application. The applicant may request rehearing on such denial in accordance with Iowa Code sections 17A.16(2) and 476.12.

(5)Application approval. If the commission finds, after amendment or record reopening, or both, or otherwise, that affirmative findings are appropriate, the commission shall approve the application and, in accordance with rule 199-24.12(476A), prepare a certificate for construction of the facility.

Iowa Admin. Code r. 199-24.10

Amended by IAB April 11, 2018/Volume XL, Number 21, effective 5/16/2018

Editorial change: IAC Supplement 7/24/2024