A person generally may not start constructing a facility unless the commission has issued a certificate, and any required certificate holder must follow the certificate’s terms.
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 commission. 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. 2. Any significant alteration, as determined by the commission, 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. [C77, 79, 81, §476A.2] 90 Acts, ch 1252, §42; 2001 Acts, 1st Ex, ch 4, §35, 36 ; 2024 Acts, ch 1170, §369