1. Beginning January 1,2004, an electric utility,whether or not rate-regulated under this chapter, shall offer an alternate energy purchase program to customers, based on energy produced by alternate energy production facilities in Iowa. 2. Thecommission shall require electric utilitiesto fileplans for alternate energypurchase programs offered pursuant to this section. a. Rate-regulated electric utilities shall fileplans for alternate energy purchase programs that allow customers to contribute voluntarily to the development of alternate energy in Iowa, and shall file tariffsas required by the commission by rule. b. Electric utilities that are not rate-regulated shall offer alternate energy purchase programs at rates determined by their governing authority, and shall file tariffs with the commission for informational purposes only. 3. The electric utilityshall notify consumers of its alternate energy purchase program and any proposed modifications to such program at least sixty days prior to implementation of the program or any modification. 4. For purposes ofthis section, an electric utilitymay base itsprogram on energy produced by alternate energy production facilities located outside of Iowa under any of the following circumstances: a. The energy ispurchased by the electric utility pursuant to a contract in effect prior to July 1, 2001, and continues until the expirationof the contract, including any options to renew that are exercised by the electric utility. b. The electric utilityhas a financial interest, as of July 1, 2001, in the alternate energy production facility that is located outside of Iowa, or in an entity that has a financial interest in an alternate energy production facility located outside of Iowa. c. The energy is purchased by an electric utility that is not rate-regulated and that is required to purchase all of its electric power requirements from a single supplier that is physically located outside of Iowa. 5. This section shall not apply to non-rate-regulated electric utilities physically located outside of Iowa that serve Iowa customers. 6. Any consumer-owned utility may apply to the commission for a waiver under this section, and the commission, for good cause, may grant the waiver.
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