476A.7 Issuance of certificate — effect.
1. Issuance of a certificate by the board:
a. Authorizes construction of the facility on the site designated in the certificate according to the terms and conditions stated in the certificate and licenses and permits issued by regulatory agencies during the proceeding; and,
b. Gives the applicant the power of eminent domain to the extent and under such conditions as the board may approve, prescribe and find necessary for the public convenience, use and necessity, proceeding in the manner of works of internal improvement under chapter 6B. The burden of proving the necessity for the exercise of the power of eminent domain shall be on the person issued the certificate.
2. A certificate may be transferred, subject to the approval of the board, to a person who agrees to comply with the terms of the certificate including any amendments to the certificate. Certificates shall be transferable by operation of law to any receiver, trustee or similar assignee under a mortgage, deed of trust or similar instrument.
3. Pursuant to the provisions of section 476.53, a rate-regulated public utility shall have the option of withdrawing its application for issuance of a certificate at any time prior to the issuance of the certificate, or after the certificate has been issued.
[C77, 79, 81, §476A.7]
2001 Acts, 1st Ex, ch 4, §15, 36
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.