Iowa Code

Iowa Code § 476A.6 (2026)

Decision — criteria

✓ current as of July 2026

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The commission shall render a decision on the application in an expeditious manner. A certificate shall be issued to the applicant if the commission finds all of the following:

1. The services and operations resulting from the construction of the facility are consistent with legislative intent as expressed in section 476.53 and the economic development policy of the state as expressed in Title I, subtitle 5, and will not be detrimental to the provision of adequate and reliable electric service.

2. The applicant is willing to construct, maintain, and operate the facility pursuant to the provisions of the certificate and this subchapter.

3. The construction, maintenance, and operation of the facility will be consistent with reasonable land use and environmental policies and consonant with reasonable utilization of air, land, and water resources, considering available technology and the economics of available alternatives. [C77, 79, 81, §476A.6] 83 Acts, ch 127, §39; 90 Acts, ch 1252, §43 – 46; 2001 Acts, 1st Ex, ch 4, §14, 35, 36; 2024 Acts, ch 1170, §369 Referred to in §476A.1 \n

Notes of Decisions

Cited in 3 cases, 1984–1989 · leading case: Barasch v. Pennsylvania Pub. Util. Comm'n, 521 A.2d 482 (Pa. Commw. Ct. 1987).

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Barasch v. Pennsylvania Pub. Util. Comm'n, 521 A.2d 482 (Pa. Commw. Ct. 1987). “175 , 184-185 (1986) (quoting Iowa Code Ann. §476A.6(5)) (footnote omitted).”

Off. of Consum. Advocate, Consum. Advocate Div., Dep't of Just. v. Utils. Bd., Utils. Div., Dep't of Com., 449 N.W.2d 383 (Iowa 1989). · cites it 2× “Allowance was refused because the board determined that “construction” could not begin until the board issued a requested certificate of public convenience, use, and necessity in accordance with Iowa Code section 476A.6 (1989). The board had adopted, with some modifications, the…”

Reid v. Iowa State Com. Comm'n, 357 N.W.2d 588 (Iowa 1984). “§ 476A.6(3). In view of the comprehensiveness and unified nature of the commission proceeding, it would be strange for the legislature to include landfills under the commission’s authority only when they are on the same site as the generating plant.”

— Iowa Code § 476A.6(3) — 1 case

— Iowa Code § 476A.6(5) — 1 case

Barasch v. Pennsylvania Pub. Util. Comm'n, 521 A.2d 482 (Pa. Commw. Ct. 1987). “175 , 184-185 (1986) (quoting Iowa Code Ann. §476A.6(5)) (footnote omitted).”

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