Iowa § 476.44 Exceptions

Iowa Statutes

§ 476.44 — Exceptions

Iowa § 476.44

Title XINATURAL RESOURCES

Ch. 476PUBLIC UTILITY REGULATION

This text of Iowa § 476.44 (Exceptions) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iowa Code § 476.44 (2026).

Text

1.The commission shall not require an electric utility to purchase or wheel electricity fromanalternateenergyproductionfacilityorsmallhydrofacilityunlessthefacilityisowned oroperatedbyanindividual, firm, partnership, corporation, company, association, jointstock association, city, town, or county that meets both of the following:

a.Isnotprimarilyengagedinthebusinessofproducingorsellingelectricity,gas,oruseful thermal energy other than electricity, gas, or useful thermal energy sold solely from alternate energy production facilities or small hydro facilities.

b.Does not sell electricity, gas, or useful thermal energy to residential users other than the tenants or the owner or operator of the facility.

2.

a.An electric utility subject to this subchapter, except a utility that elects rate

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1. The commission shall not require an electric utility to purchase or wheel electricity
fromanalternateenergyproductionfacilityorsmallhydrofacilityunlessthefacilityisowned
oroperatedbyanindividual, firm, partnership, corporation, company, association, jointstock
association, city, town, or county that meets both of the following:
a. Isnotprimarilyengagedinthebusinessofproducingorsellingelectricity,gas,oruseful
thermal energy other than electricity, gas, or useful thermal energy sold solely from alternate
energy production facilities or small hydro facilities.
b. Does not sell electricity, gas, or useful thermal energy to residential users other than
the tenants or the owner or operator of the facility.
2. a. An electric utility subject to this subchapter, except a utility that elects rate
regulation pursuant to section 476.1A, shall not be required to own or purchase, at any one
time, more than its share of one hundred five megawatts of power from alternate energy
production facilities or small hydro facilities at the rates established pursuant to section
476.43. The commission shall allocate the one hundred five megawatts based upon each
utility’s percentage of the total Iowa retail peak demand, for the year beginning January 1,
1990, of all utilities subject to this section. If a utility undergoes reorganization as defined
in section 476.76, the commission shall combine the allocated purchases of power for each
utility involved in the reorganization.
b. Notwithstanding the one hundred five megawatt maximum, the commission may

increase the amount of power that a utility is required to own or purchase at the rates
established pursuant to section 476.43 if the commission finds that a utility, including a
reorganized utility, exceeds its 1990 Iowa retail peak demand by twenty percent and the
additional power the utility is required to purchase will encourage the development of
alternate energy production facilities and small hydro facilities. The increase shall not
exceed the utility’s increase in peak demand multiplied by the ratio of the utility’s share of
the one hundred five megawatt maximum to its 1990 Iowa retail peak demand.