Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 15 - Cogeneration and Small Power Production › Rule 199-15.18 - Certification of Eligibility for Wind Energy Tax Credits Under Iowa Code Chapter 476b

Current through Register Vol. 47, No. 3, July 24, 2024
Any person applying for certification of eligibility for
				  state tax credits for wind energy pursuant to Iowa Code section 476B.5 as
				  amended by 2005 Iowa Acts, chapter 179, section 166, is subject to this
				  rule.
(1)
Filing
				requirements.
Any person applying for certification of eligibility for
				wind energy tax credits must file with the commission an application that
				contains substantially all of the following information:
a. Information regarding the applicant,
				including the legal name, address, telephone number, and (as applicable)
				facsimile transmission number and electronic mail address of the
				applicant.
b. Information regarding
				the ownership of the facility, including the legal name of each owner,
				information demonstrating the legal status of each owner, and the percentage of
				equity interest held by each owner, and a statement attesting that owners
				meeting the eligibility requirements of Iowa Code section 476B.5 are not owners
				of more than two eligible renewable energy facilities. In determining whether
				the two-facility limit is exceeded, the commission will consider not only the
				legal entity that owns the utility, if other than a natural person, but the
				equity owners of the legal entity. If the owner of the facility is other than a
				natural person, information regarding the equity owners must be
				provided.
c. A description of the
				facility, including at a minimum the following information:
(1) Type of facility (that is, a qualified
				facility as defined in Iowa Code section 476B.1);
(2) Total nameplate generating capacity
				rating. For applications filed on or after March 1, 2008, the facility must
				have a combined nameplate capacity of no less than 2 megawatts and no more than
				30 megawatts. For applications filed on or after July 1, 2009, by a private
				college or university, community college, institution under the control of the
				state board of regents, public or accredited nonpublic elementary and secondary
				school, or public hospital as defined in Iowa Code section 249J.3, the facility
				must have a combined nameplate capacity of no less than 3/4 of a
				megawatt;
(3) A description of the
				location of the facility in Iowa, including an address or other geographic
				identifier;
(4) The date the
				facility is expected to be placed in service (that is, placed in service on or
				after July 1, 2005, but before July 1, 2012, for eligibility under Iowa Code
				chapter 476B as amended by 2005 Iowa Acts, chapter 179).
d. A signed statement from the owner
				attesting that the owner intends to either sell all the electricity generated
				by the facility, consume all the electricity on site, or a combination of both.
				For purposes of this rule, electricity consumed on site means any electricity
				produced by the facility and not sold.
e. If the owner intends to sell electricity
				generated by the facility, a copy of the executed power purchase agreement or
				other agreement to purchase electricity. If the power purchase agreement has
				not yet been finalized and executed, the commission will accept as an other
				agreement an executed agreement signed by at least two parties that includes
				both a commitment to purchase electricity from the facility upon completion of
				the project and most of the essential elements of a contract.
The commission will also accept a copy of an executed
				  interconnection agreement service agreement, in lieu of a power purchase
				  agreement, if the facility owner has instead agreed to sell electricity from
				  the facility directly or indirectly to a wholesale power pool
				  market.
f. A statement
				indicating the type of tax credit being sought; that is, indicating that the
				applicant is applying for tax credits pursuant to Iowa Code chapter 476B as
				amended by 2005 Iowa Acts, chapter 179 (1 cent per kWh, wind energy only tax
				credits).