Iowa Code

Iowa Code § 476A.2 (2026)

Certificate required

✓ current as of July 2026

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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,

Tue Dec 09 22:08:18 2025 Iowa Code 2026, Chapter 476A (27, 0) §476A.2, ELECTRIC POWER GENERATION AND TRANSMISSION 2\n\nwhichever 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

Notes of Decisions

Cited in 4 cases, 1987–2020 · leading case: Iowa-Illinois Gas & Elec. Co. v. Iowa State Com. Comm'n, 412 N.W.2d 600 (Iowa 1987).

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Iowa-Illinois Gas & Elec. Co. v. Iowa State Com. Comm'n, 412 N.W.2d 600 (Iowa 1987). · cites it 2× “Section 476A.2 prohibits construction of an electric power generating plant with a capacity of 100 megawatts or more in the absence of a commerce commission certificate of the proposed project’s “present or future public convenience, use, and necessity.”

StopAquila. Org v. Aquila, Inc., 180 S.W.3d 24 (Mo. Ct. App. 2005). “Iowa Code Ann. § 476A.2 (West 1999); 220 III.”

Solomon Mathis v. Lozier Per Lts Pro Se Can Submit Filings to the Ecf Email Box - Per 11 Minutes - Plt to Be Served by Email (N.D. Iowa 2020). · cites it 2× “BACKGROUND On December 5, 2017, Solomon Mathis and Stephen Mathis filed a Petition for Declaratory Order with the Iowa Utilities Board (the Board) requesting the Board declare that a certificate of public convenience, use and necessity pursuant to Iowa Code § 476A.2 was required…”

In the Matter of The Amendment of The Comm'n's Rule Regarding Applications for the Certificates of Convenience & Necessity Kansas City Power & Light & KCP&L Missouri Operations Co. v. Missouri Pub. Serv. Comm'n & Dogwood Energy (Mo. Ct. App. 2019). “5/8-503 (West 2007) (Illinois statute providing for commission approval of “additions, extensions repairs or improvements to, or changes in, [an] existing plant, equipment, apparatus, facilities or other physical property of any public utility”); Iowa Code Ann. § 476A.2 (West…”

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