476A.5 Proceeding — role of regulatory agencies and local authorities.
1. The board shall conduct the contested case proceeding. Regulatory agencies which appear on record at the proceeding shall state whether the application meets their permit and licensing requirements. If the application does not meet such requirements, the regulatory agency shall recommend amendments to the application which outline actions necessary to bring the applicant in compliance with the regulatory agency’s permit and licensing requirements. The board shall not issue a certificate for a facility which does not meet the permit and licensing requirements of a regulatory agency.
2. If a regulatory agency which received notice pursuant to section 476A.4 fails to appear of record in the contested case proceeding, the board shall conclusively presume that the facility meets the regulatory agency’s permit and licensing requirements and the regulatory agency shall immediately issue any license or permit required for the construction, operation or maintenance of the facility.
3. City and county zoning authorities designated as parties to the proceeding may appear on record and may state whether the facility meets city, county and airport zoning requirements. The failure of a facility to meet zoning requirements established pursuant to chapters 329, 335 and 414 shall not preclude the board from issuing the certificate and to that extent the provisions of this subsection shall supersede the provisions of chapters 329, 335 and 414.
[C77, 79, 81, §476A.5]
Referred to in §476A.4, 476A.9
Structure Iowa Code
Chapter 476A - ELECTRIC POWER GENERATION AND TRANSMISSION
Section 476A.2 - Certificate required.
Section 476A.3 - Application submitted — review.
Section 476A.4 - Hearing scheduled — notice.
Section 476A.5 - Proceeding — role of regulatory agencies and local authorities.
Section 476A.6 - Decision — criteria.
Section 476A.7 - Issuance of certificate — effect.
Section 476A.8 - Further approvals prohibited — exception.
Section 476A.9 - Advance site preparation.
Section 476A.10 - Costs of proceeding.
Section 476A.11 - Single hearing — judicial review.
Section 476A.13 - Staff assistance — federal preemption.
Section 476A.20 - Definitions.
Section 476A.21 - Electric power agency — general authority.
Section 476A.22 - Electric power agency — authority — conflicting provisions.
Section 476A.23 - Issuance of public bonds or obligations — purposes — limitations.
Section 476A.25 - Public bonds or obligations payable solely from agency revenues or funds.
Section 476A.26 - Public bonds or obligations — types — sources for payment — security.
Section 476A.28 - Public bonds or obligations to be negotiable.
Section 476A.29 - Validity of public bonds or obligations at delivery — temporary bonds.
Section 476A.30 - Public or private sale of bonds and obligations.
Section 476A.33 - Mortgage or trust deed to secure bonds.
Section 476A.34 - No personal liability on public bonds or obligations.