Iowa Admin. Code r. 199-24.12 - Issuance of a certificate
(1)
General. The certificate shall authorize construction,
maintenance, and operation of the facility on the site designated in the
certificate according to the following:
a.
Those terms and conditions imposed by the board and stated in the
certificate.
b. Those terms and
conditions in licenses and permits issued by regulatory agencies before and
during the proceeding.
c. Those
terms and conditions which have been specifically recommended by regulatory
agencies in the proceeding and declared by those regulatory agencies or the
board as being necessary for the applicant to comply with requirements of
licenses or permits then sought but not yet issued.
(2)
Eminent domain. The
certificate shall give the applicant the power of eminent domain to the extent
and under such conditions as the board approves, prescribes, and finds
necessary for the public convenience, use, and necessity, proceeding in the
manner of works of internal improvement under Iowa Code chapter 6B.
(3)
Certificate transfer. 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.
(4)
Application withdrawal. Pursuant to Iowa Code section
476.53,
a rate-regulated utility shall have the option of withdrawing its application
for issuance of a certificate.
Notes
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