Hydroelectric Plants (Iowa Code: Title XI - Natural Resources; Chapter 469A)

1 HYDROELECTRIC PLANTS, §469A.6 CHAPTER 469A HYDROELECTRIC PLANTS Referred to in §28F.14 469A.1 Certificate of convenience and 469A.5 Costs advanced. necessity. 469A.6 Amendment or revocation. 469A.2 Public hearing. 469A.7 Penalty. 469A.3 Public welfare promoted. 469A.8 Unlawful combination — 469A.4 Rules imposed. receivership. 469A.1 Certificate of convenience and necessity. It shall be unlawful for any person, firm, association or corporation to engage in the business of constructing, maintaining or operating within this state any hydroelectric generating plant or project without first having obtained from the executive council of Iowa a certificate of convenience and necessity declaring that the public convenience and necessity require such construction, maintenance or operation. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469A.1] Referred to in §469A.7 469A.2 Public hearing. No certificate of convenience and necessity shall be issued by the executive council except after a public hearing thereon. The executive council shall, upon the filing of an application for such a certificate, fix the time of the public hearing thereon and shall prescribe the notice which shall be given by the applicant. Any interested person, firm, association, corporation, municipality, state board or commission may intervene and participate in such proceeding and at such hearing. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469A.2] 469A.3 Public welfare promoted. Before the executive council shall issue a certificate of convenience and necessity, it shall first be satisfied that the public convenience and necessity will be promoted thereby, that the applicant has the financial ability to carry out the terms and conditions imposed, and the applicant has in writing agreed to accept, abide by and comply with such reasonable terms and conditions as the executive council may require and impose. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469A.3] 469A.4 Rules imposed. The executive council shall prescribe such rules as it may determine necessary for the administration of the provisions of this chapter and may amend such rules at any time. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469A.4] 469A.5 Costs advanced. The executive council shall, upon the filing of an application, require the applicant to deposit with the secretary of the executive council such amount as the council shall determine, to pay the expenses to be incurred by the executive council in its investigations and in conducting the proceedings, and the executive council may, from time to time as it deems necessary, require the deposit of additional amounts for such purpose. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469A.5] 469A.6 Amendment or revocation. The executive council may at any time for just cause or upon the failure of the applicant to comply with and to obey the terms and conditions attached to the issuance of any certificate, or when the public convenience and necessity demands, alter, amend or revoke any certificate issued under the provisions of this chapter. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469A.6] Fri Dec 07 21:19:12 2018 Iowa Code 2019, Chapter 469A (9, 0) §469A.7, HYDROELECTRIC PLANTS 2 469A.7 Penalty. Any person, firm, association or corporation who shall violate the provisions of section 469A.1, shall be guilty of a serious misdemeanor. Each separate day that a violation occurs shall constitute a separate offense. [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469A.7]

469A.8 Unlawful combination — receivership. The state may take possession of a dam for which a permit has been issued under section 455B.275 through receivership proceedings, if the dam becomes owned, leased, trusteed, possessed, or controlled by a person in a manner constituting an unlawful combination or trust, or if the dam is the subject or part of the subject of an agreement to limit the output of hydraulic or hydroelectric power derived from the dam for the purpose of price fixing. The receivership proceedings must be instituted by the executive council, and shall be conducted for the purpose of disposing of the dam for a lawful use. The proceeds from the disposition shall be used to reimburse the state for expenses incurred in the receivership. The remaining proceeds shall be awarded to persons found by the court to be entitled to the proceeds. 90 Acts, ch 1108, §5 Fri Dec 07 21:19:13 2018 Iowa Code 2019, Chapter 469A (9, 0)