This text of Iowa § 476B.5 (Determination of eligibility) 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.
1.Anownermayapplytothecommissionforawrittendeterminationregardingwhethera
facility is a qualified facility by submitting to the commission a written application containing
all of the following:
a.Information regarding the ownership of the facility including the percentage of equity
interest held by each owner.
b.The nameplate generating capacity of the facility.
c.Information regarding the facility’s initial placement in service.
d.Information regarding the type of facility.
e.Except when electricity is used for on-site consumption, a copy of an executed power
purchase agreement or other agreement to purchase electricity upon completion of the
project. An executed interconnection agreement or transmission service agreement shall be
accepted by the commission under this paragraph if t
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1. Anownermayapplytothecommissionforawrittendeterminationregardingwhethera
facility is a qualified facility by submitting to the commission a written application containing
all of the following:
a. Information regarding the ownership of the facility including the percentage of equity
interest held by each owner.
b. The nameplate generating capacity of the facility.
c. Information regarding the facility’s initial placement in service.
d. Information regarding the type of facility.
e. Except when electricity is used for on-site consumption, a copy of an executed power
purchase agreement or other agreement to purchase electricity upon completion of the
project. An executed interconnection agreement or transmission service agreement shall be
accepted by the commission under this paragraph if the owner of the facility has agreed to
sell electricity from the facility directly or indirectly to a wholesale power pool market.
f. Any other information the commission may require.
2. The commission shall review the application and supporting information and shall
make a preliminary determination regarding whether the facility is a qualified facility. The
commission shall notify the applicant of the approval or denial of the application within
thirty days of receipt of the application and information required. If the commission fails
to notify the applicant of the approval or denial within thirty days, the application shall be
deemed denied. An applicant who receives a determination denying an application may file
an appeal with the commission within thirty days from the date of the denial pursuant to the
provisions of chapter 17A. In the absence of a timely appeal, the preliminary determination
shall be final. If the application is incomplete, the commission may grant an extension of
time for the provision of additional information.
3. A facility that is not operational within eighteen months after issuance of an approval
for the facility by the commission shall cease to be a qualified facility. However, a facility that
is approved as qualified under this section but is not operational within eighteen months due
to the unavailability of necessary equipment shall be granted an additional twelve months to
become operational. A facility that is granted and thereafter loses approval may reapply to
the commission for a new determination.
4. The maximum amount of nameplate generating capacity of all qualified facilities
the commission may find eligible under this chapter shall not exceed fifty megawatts of
nameplate generating capacity.
5. An owner shall not be an owner of more than two qualified facilities.